IN THE CASE OF:
BOARD DATE: 31 July 2008
DOCKET NUMBER: AR20080006481
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 that her records be corrected to show she executed a medical additional special pay (MASP) agreement for the period 26 October 2006 through 25 October 2007, and that she be paid MASP.
2. The applicant states that she withdrew from the Family Medicine Residency program on 26 October 2006. Concurrent with that withdrawal, she should have filed an MASP agreement, but because of the confusion associated with her changing specialty, the agreement was not executed.
3. The applicant provides:
a. Three pages of electronic mail (email) sent/received during the April 2008 period.
b. A copy of a Tennessee Medical License valid for the period in question.
c. A copy of a current Tennessee Medical License.
d. A copy of a memorandum with subject, Notification of Clinical Privileges and Medical Staff Appointment, dated 1 February 2008.
e. A copy of her Officer Record Brief.
CONSIDERATION OF EVIDENCE:
1. The applicant is an Army medical officer in the rank of captain. She was in a medical residency program in 2006. On 26 October 2006, she withdrew from the program. In October 2007, she executed a MASP agreement for the period 26 October 2007 through 25 October 2008 and was paid. She has an upcoming MASP for the period 26 October 2008 through 25 October 2009.
2. In October 2006, the applicant withdrew from a Family Medicine Residency. This made her eligible for a MASP agreement, but one was not executed until October 2007.
3. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General (OTSG), Falls Church, VA which states the earliest date the applicant could have executed a MASP agreement was the date she graduated from her residency program, or the date of her withdrawal from the residency program. The applicant withdrew from the residency program on 25 October 2006, thus the earliest she could have executed a 1-year, $15,000 MASP agreement was 26 October 2006. The advisory opinion states that, through no fault of the applicant, a MASP agreement was not executed. The opinion recommends approving the request retroactively and paying her $15,000.
4. The applicant was provided an opportunity to respond to the AMEDD advisory opinion and, on 19 June 2008, she concurred.
5. The Department of Defense Military Pay and Entitlements Manual provides that medical officers on active duty are entitled to MASP (medical additional special pay) provided they are not undergoing initial residency training. In order to qualify for MASP, an agreement must be signed to remain on active duty for at least 1 additional year from the effective date of the agreement. The MASP is paid annually in a lump sum effective the date of the agreement.
DISCUSSION AND CONCLUSIONS:
1. The applicant is an Army medical officer. In 2006, she was in a residency program and was not entitled to a MASP payment. However, on 25 October 2006, she withdrew from the program and became entitled to MASP.
2. Although the applicant must bear responsibility for not ensuring that she timely filed a MASP agreement, she met all of the requisite duties and responsibilities necessary to fulfill the MASP agreement.
3. The AMEDD Special Pay Branch recommends granting the applicant's request.
4. In view of the foregoing findings and conclusions, and in the interest of justice and equity, it would be appropriate to correct the applicants records as indicated below.
BOARD VOTE:
__xxx___ __xxx___ __xxx___ 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 showing that the applicant timely executed a MASP agreement in the amount of $15,000 for the period 26 October 2006 through 25 October 2007 and by paying to her the MASP payment.
XXX
_______ _ _______ ___
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.
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