IN THE CASE OF:
BOARD DATE: 13 May 2008
DOCKET NUMBER: AR20080003506
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, retroactive payment of Medical Additional Special Pay (MASP) in the amount of $15,000.00 per year for the periods from
1 February 2006 to 31 January 2007; and from 1 February 2007 to 31 January 2008.
2. The applicant states that he was totally unaware of this entitlement until January 2008.
3. The applicant provides copies of a letter from the Department of Psychiatry, Tripler Army Medical Center, dated 13 June 2006; and an electronic message, Medical Corps Officer Special Pay Policy, Plan and Rates, dated 19 September 2007.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty as a Medical Corps Officer in the rank of captain, pay grade O-3.
2. On 13 June 2006, the Director of Residency Training, Tripler Army Medical Center, Honolulu, Hawaii, stated in a letter that the applicant had successfully completed his internship.
3. 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). It stated that a review of the officer's military pay file found no record of any MASP agreement submissions prior to 1 February 2008. It further stated that even though the applicant must bear responsibility for his part of the agreement execution and submission, the outstanding MASP entitlement for the period requested is based on time being served, and the failure to be counseled on eligibility to execute the agreement. It noted that the OTSG could not make payment due to Defense Finance and Accounting Service policy and procedure limitations; however, there were no objections to payment of the MASP agreement.
4. On 29 April 2008, the applicant concurred with the advisory opinion.
5. MASP is paid annually to Medical Corps officers who are not participating in internship or initial residency training. Possession of a current, unrestricted license, or an approved Department of Defense waiver issued under the provisions of Army Regulation 40-68 with applicable interim changes. The license or waiver must be maintained during the period of the MASP agreement to eligibility. Failure to complete or graduate from initial residency training is not considered eligibility for MASP upon entry into another residency program. Entitlement to pay is contingent upon execution of a legally binding written agreement to remain on active duty for 1 year beginning on the effective date of the agreement. Annual rate regardless of years of creditable service is $15,000.00 per year.
DISCUSSION AND CONCLUSIONS:
1. The available evidence supports the applicantÂ’s contention that he was not properly advised of his eligibility for MASP. Furthermore, it does not seem reasonable that a rational person would intentionally not submit an application for MASP, knowing that he would lose $15.000.00 per year.
2. The available evidence clearly shows that the applicant was authorized to enter into an agreement for MASP for the years 2006 and 2007. Therefore, his records should be corrected to show that he did so.
BOARD VOTE:
____X___ ___X____ ___X___ 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. permitting the applicant to enter into a retroactive MASP contract for the periods covering 1 February 2006 to 31 January 2007; and for 1 February 2007 to 31 January 2008; and
b. once he has authenticated the MASP contracts, awarding him retroactive payment of Medical Additional Special Pay (MASP), in accordance with his contracts, for the entire period covering 1 February 2006 to 31 January 2008, in the total amount of $30,000.00.
__________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070015723
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080003506
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090016904
IN THE CASE OF: BOARD DATE: 12 January 2010 DOCKET NUMBER: AR20090016904 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Entitlement to pay is contingent upon execution of a legally-binding written agreement to remain on active duty for 1 year beginning on the effective date of the agreement. _______ _ x_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2013 | 20130007106
BOARD DATE: 16 July 2013 DOCKET NUMBER: AR20130007106 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Based on the above discussion, it is more difficult to defend for the time served 8 years ago, a missing multi-year retention bonus while in a second residency; however, the applicant was eligible for the 4-year MSP at $15,000.00 per year effective 1 July 2004 through 30 June 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2006 | AR20060011961C071029
Dale DeBruler | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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.
ARMY | BCMR | CY2014 | 20140000867
When he arrived at Tripler Army Medical Center in August 2009, he negotiated his contract with the Army for a period of three years which included his MASP document. He diligently signed his MASP document yearly; however, he was deployed to Iraq in 2011 and had his spouse, LTC R__ S__, sign his MASP for him. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the applicant entered into a 1-year MASP contract for...
ARMY | BCMR | CY2009 | 20090008337
The applicant requests, in effect, retroactive payment of Multi-year Special Pay (MSP) and Multi-year Incentive Special Pay (MISP) for the period covering 1 July 2007 to 30 June 2011. There is no evidence in the applicant's military records that shows he was authorized MSP in the amount of $25,000.00 or MISP in the amount of $15,000.00 for the period 1 July 2007 to 30 June 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2013 | 20130004341
The applicant provides: * ISP contract, dated 6 February 2013 * Officer Record Brief (ORB) * general licensee information CONSIDERATION OF EVIDENCE: 1. A review of the applicant's special pay and finance data indicates the applicant executed and received ISP contracts at $26,000.00 per year effective 1 October 2010 and 1 October 2011. The evidence of record shows the applicant was eligible to execute a 1-year ISP agreement for $26,000.00 per year effective 1 October 2012.
ARMY | BCMR | CY2009 | 20090011117
BOARD DATE: 10 November 2009 DOCKET NUMBER: AR20090011117 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In view of the foregoing, the applicantÂ’s records should be corrected to show he executed MASP agreements for the periods 31 December 2007 to 30 December 2008 and 31 December 2008 to 30 December 2009 in the amount of $15,000.00 per year and paying him retroactive payments of MASP in accordance with his agreements. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2013 | 20130010868
The applicant states his Army finance records and personal bank statements show that he did not receive the MASP military physician bonus during the years 2007 and 2008. There is no record of annual MASP contracts at $15,000.00 per year effective 1 July 2007 and 1 July 2008 being requested during the same period these multi-year contracts were being signed. He served for 30 years as a medical officer and during this time he would have signed numerous MASP bonuses.
ARMY | BCMR | CY2012 | 20120012638
The applicant requests, in effect, correction of her records to show she was awarded 4 years of creditable service upon her accession on active duty, and retroactive award of Medical Additional Special Pay (MASP) and Incentive Special Pay (ISP) for 2011, the year she was accessed on active duty. On 4 June 2012, she completed a Request for MASP for the period 5 July 2012 through 4 July 2013. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080008312
The applicant requests correction of his records to show that he was entitled to MASP (Medical Additional Special Pay), effective 1 January 2007, in the amount of $15,000.00 and ISP (Incentive Special Pay) effective 1 April 2007, in the amount of $14,000.00. Hence, he requested to retroactively sign the contracts for the incentive pay to which he was entitled to then, and for the fact he was still on active duty and serving as a medical officer without interruption. The evidence shows the...