RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 February 2007
      DOCKET NUMBER:  AR20060011961


      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. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Hubert Fry                    |     |Chairperson          |
|     |Mr. William Crain                 |     |Member               |
|     |Mr. Dale DeBruler                 |     |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, retroactive payment of Medical
Additional Special Pay (MASP) for the period covering 1 July 2005 to 30
June 2006 in the amount of $15,000.00

2.  The applicant states that she is an Army physician currently serving as
a general medical officer (GMO).  She states that she recently applied for
MASP after she completed her internship and began her duties as a GMO.  She
states that the Human Resources Command (HRC) informed her that she was
eligible MASP for the previous year beginning on 1 July 2005.  She states
that she did not know that such pay existed; therefore, she did not file a
request for payment. She concludes by stating that the HRC advised her that
she could submit a request for payment through this Board since too much
time had elapsed for the HRC to take action on her request.

3.  The applicant provides in support of her application, a copy of a
Certification of Completion of her Transitional Internship Training and
electronic mail that she received from an official at the Army Medical
Department, Special Pay Branch.

CONSIDERATION OF EVIDENCE:

1.  The available records show that the applicant is a medical corps
captain serving at Wiesbaden Health Center, in Wiesbaden, Germany.

2.  In the processing of this case a staff advisory opinion was obtained
from the special pay branch of the Office of the Surgeon General (OTSG).
The OTSG opined, in effect, that a review of the officer's military pay
file indicate no record of any MSP agreement submissions for the year 2005.
 The OTSG further opined that the applicant received all contractual pays
authorized with the exception for 1 year obligatory MASP agreements for
$15,000.00 for the year covering 1 July 2005 through 30 June 2006.  The
OTSG opined that even though the applicant must bear responsibility for her
part of the agreement execution and submission, the outstanding MASP
entitlement for the period requested is based on time being served, and the
extenuating circumstances during that period of not being advised that she
was eligible to execute the agreement as a new accession.  The OTSG noted
their inability to pay due to the Defense Finance and Accounting Service
policy and procedure limitations; however, the OTSG commented that there
are no objections to payment of the MASP agreement.

3.  On 13 October 2006, a copy of the advisory opinion was forwarded to the
applicant for her information and/or possible rebuttal.  To date this
office has received no response from the applicant regarding the advisory
opinion.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy the aforementioned requirement.

2.  However, given the fact that the applicant's MASP entitlement for the
period requested is based on time served and her not being properly advised
of her eligibility, it reasonable to presume that a rational person would
not intentionally overlook submitting an application and losing the
opportunity to be paid $15,000.00 for performing a service that she would
otherwise have to accomplish whether she received the pay or not.

3.  The Board agrees with the opinion rendered by the OTSG in that the
applicant’s failure to execute a MASP agreement was an oversight.
Accordingly, she should be paid for the service that she performed in
accordance with an MASP agreement.

4.  In view of the foregoing, the applicant's records should be corrected
as recommended below.

BOARD VOTE:

___HF __  __WC___  ___DD __  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 by:

      a.  allowing the applicant to enter into a retroactive MASP contract
for the period covering 1 July 2005 to 30 June 2006; and


      b.  once she has authenticated the MASP contract, awarding her
retroactive payment of Medical Additional Special Pay (MASP), in accordance
with her contract, for the period covering 1 July 2005 to 30 June 2006 in
the amount of $15,000.00.





                                  _______Fry Hubert_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011961                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  299  |128.1600/MED ADDITIONAL SPECIAL PAY     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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