RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 February 2007
DOCKET NUMBER: AR20060015122
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun
Director
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Ms. Barbara J. Ellis
Chairperson
Ms. Linda D. Simmons
Member
Mr. Michael J. Flynn
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that the date of her MASP (Medical Additional Special Pay) contract be adjusted 2 months from 14 September 2004 to 14 July 2004, the date of her entry on active duty.
2. The applicant states, in effect, that she was not given the opportunity to sign for her MASP contract upon entry on active duty on 14 July 2004, as an oversight by the S-1 office in Yongsan, Korea. She discovered the error on 14 September 2004, and was not given the opportunity to get the date adjusted back, due to the lack of knowledge of the S-1 personnel. She recently PCSd (permanent change of station) to Fort Campbell and was informed by her HRD (Human Resource Department) at BACH (Blanchfield Army Community Hospital) that the date could be adjusted to 14 July 2004, especially for the next MASP contract, through this Board.
3. The applicant provides copies of her MASP contract and a copy of orders ordering her to active duty in support of her request.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records were not submitted to the Board. Information herein was obtained from the advisory opinion, dated 11 December 2006, rendered by the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General (OTSG), that stated a review of the applicant's military pay account indicated that she entered active duty on 12 July 2004 and was eligible to execute an MASP agreement at $15,000/year effective 12 July 2004, versus her arrival in Korea.
2. The OTSG also stated that the applicants Variable Special Pay (VSP) was also incorrectly started as of 15 July 2004 and should also be effective 12 July 2004, the start date of her current active duty tour.
3. The OTSG recommended:
a. Adjustment of all MASP agreement effective dates from 14 September 2004 cycle, to a 14 July 2004 cycle. Therefore, all MASP (FID R2) effective date entries must be overlaid to reflect 12 July 2004, 12 July 2005, and 12 July 2006, respectively. No payments are required.
b. Adjustment of VSP (FID 19) effective date from 15 July 2004 to 12 July 2004. Additionally adjust the finance MS (Medical Service)-Pay Date from 15 July 2001 to 12 July 2001, for the correct pay rate level. No payments are required.
4. The opinion was forwarded to the applicant for her acknowledgement and possible rebuttal on 19 December 2006 and she concurred with the opinion on 24 December 2006.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was fully eligible for entitlement to an MASP agreement for $15,000/year effective 12 July 2004, the date she entered active duty instead of 14 September 2004.
2. The evidence also shows that her VSP was incorrectly started as of 15 July 2004 and should be effective the date of her entry on her current active duty tour, 12 July 2004.
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
BOARD VOTE:
_BJE___ _MJF ___ _LDS ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:
a. by showing adjustment of all MASP agreements effective 12 July 2004, 12 July 2005, and 12 July 2006, respectfully, with no payments required by the adjustment; and
b. by showing adjustment of her VSP (FID 19) to reflect an effective date of 12 July 2004 and additionally adjust the MS-Pay Date to 12 July 2001, for the correct pay rate level, with no payments required.
___ Barbara J. Ellis___________
CHAIRPERSON
INDEX
CASE ID
AR20060015122
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070201
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD active duty
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
128
2.
3.
4.
5.
6.
ARMY | BCMR | CY2005 | 20050005964C070206
On 16 June 2000, the applicant was honorably discharge from active duty for miscellaneous/general reasons. On 14 July 2003, the applicant reentered active duty on his current tour of duty; therefore, the date, 14 July, is his new effective date for payment of MASP. Based on the evidence in this case, there appears to be no reason beyond the officer's desire, for the MASP cycle effective date to be adjusted from 14 July to 1 July.
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ARMY | BCMR | CY2014 | 20140001443
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ARMY | BCMR | CY2004 | 2004103352C070208
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ARMY | BCMR | CY2015 | 20150005115
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ARMY | BCMR | CY2001 | 2001060764C070421
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ARMY | BCMR | CY2009 | 20090016087
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ARMY | BCMR | CY2014 | 20140008503
The record is void of documentation showing he executed Medical Additional Special Pay (MASP) or Variable Special Pay (VSP) agreements for the periods 1 October 2011-30 September 2012 and 1 October 2012-30 September 2013. For Army MC Officers (Physicians), these special pays are: 1) VSP which is paid to all MC Officers monthly upon entry on active duty; 2) BCP which is paid monthly to all board certified MC Officers based upon their date of board certification and their creditable service...