IN THE CASE OF:
BOARD DATE: 23 October 2008
DOCKET NUMBER: AR20080009228
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, Medical Additional Specialty Pay (MASP).
2. The applicant states, in effect, that he did not receive his MASP for the period16 April 2006 through 15 April 2007.
3. The applicant did not provide additional documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military service records show that he initially entered active duty in the rank of captain in the U.S. Army Medical Service Corps for a period of 4 years, effective 15 May 2004. The applicant completed his first year of internship on 30 June 2005 and he withdrew from his initial residency program on 16 April 2006. The applicant executed his first MASP agreement on 16 April 2007 for the period 16 April 2006 through 15 April 2007.
2. In the processing of this case, a staff advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch, Office of The Surgeon General, Falls Church, Virginia, dated 6 August 2008. The advisory opinion points out that the applicant is requesting payment of MASP at $15,000 per year for the period 16 April 2006 through 15 April 2007, upon withdrawal from the residency training program in 2006. The advisory opinion also points out that, even though the applicant must bear responsibility for his part of the execution and submission of the agreement, the delay in executing the MASP agreement was due to no fault of the applicant. The advisory official recommends that the applicant be eligible to receive payment for the MASP agreement at $15,000/year effective 16 April 2006 through 15 April 2007 for which he is entitled and served the period of active duty, due to no fault of the applicant. The advisory opinion again points out that their office could not make agreement changes due to the Defense Finance and Accounting Service (DFAS) policy and procedure limitations.
3. On 11 August 2008, a copy of the advisory opinion was furnished to the applicant in order to have the opportunity to respond to its contents. The applicant did not respond.
4. Title 37, United States Code, Sections 301d, 302, 302f, and 303a, provide for multi-year retention bonuses and special pays for medical officers and health professionals of the armed forces. For Army Medical Corps officers (Physicians), these special pays are: 1) Variable Special Pay (VSP) which is paid to all Medical Corps officers monthly upon entry on active duty; 2) Board Certification Pay (BCP) which is paid monthly to all board certified Medical Corps officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date (HPPED); 3) Medical Additional Special Pay (MASP) which is paid to all Medical Corps officers upon completion of internship (not during initial residency) at the current rate of $15,000 (less taxes) for a one-year active duty obligation that can be served concurrently with all other obligations; 4) Incentive Special Pay (ISP) which is paid based on a variable rate to selected Medical Corps officers who hold the specialties eligible to receive this pay for a one-year active duty obligation that may be served concurrently with all other obligations; and 5) Multi-year Special Pay (MSP) which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps officers based on their specialty. This pay (i.e., MSP) is authorized concurrently with MASP and ISP.
DISCUSSION AND CONCLUSIONS:
1. The applicantÂ’s available record confirms that he is an Army Medical officer. In 2005, the applicant was in a residency program and he was not entitled to MASP. However, on 16 April 2006, he withdrew from the program and became entitled to MASP.
2. Although the applicant must bear some responsibility for not ensuring that he timely filed a MASP agreement, he met all of the requisite duties and responsibilities necessary to fulfill the MASP agreement.
3. The advisory opinion states that the applicant should be authorized MASP agreement at $15,000 per year, effective 16 April 2006 through 15 April 2007.
4. Based on the foregoing, it is determined that in the interest of justice the applicant is entitled to MASP for the period 16 April 2006 through 15 April 2007. Therefore, his records should be corrected to show entitlement to this special pay.
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 showing that the applicant timely executed a MASP agreement in the amount of $15,000 for the period of 16 April 2006 through 15 April 2007 and by making payment to the applicant in the amount of $15,000 for his MASP agreement, effective 16 April 2006 through 15 April 2007.
_______ _ _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) AR20080009228
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