IN THE CASE OF:
BOARD DATE: 3 September 2008
DOCKET NUMBER: AR20080010882
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, that he receive Medical Additional Special Pay (MASP) for the period 1 July 2005 to 30 June 2006.
2. The applicant states, in effect, that he was not given the opportunity to sign for MASP in 2005 due to ongoing civilian fellowship training. He contends that, although he was on active duty, he was not at a military facility during that time. He states that he did not recognize the error until recently when he received other scheduled bonuses.
3. The applicant provides an email from the Army Medical Department (AMEDD) Special Pay Branch.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of lieutenant colonel as a Medical Corps officer.
2. In support of his claim, the applicant provided an email from the AMEDD Special Pay Branch which states that he missed the 2005 MASP.
3. In the processing of this case an advisory opinion was obtained from the Chief, AMEDD Special Pay Branch of the Office of The Surgeon General. The opinion points out that a review of the applicants military pay file indicates no record of an MASP agreement submission for 2005. The opinion states that although the officer must bear responsibility for [his] part of the agreement execution and submission, this delay in executing the MASP agreement was due to no fault of the officer. The opinion also states that the applicant received all contractual pays authorized with the exception of the one-year obligatory MASP agreement for $15,000/year effective 1 July 2005 to 30 June 2006. That office cannot make payment due to Defense Finance and Accounting Service policy and procedure limitations; however, that office recommends that the applicant receive payment of the MASP agreement for $15,000/year effective 1 July 2005 to 30 June 2006.
4. On 31 July 2008, the advisory opinion was furnished to the applicant for review and possible rebuttal. On 3 August 2008, the applicant concurred with the advisory opinion.
5. Title 37, United States Code, Sections 301d, 302, 302f, and 303a provide for multiyear 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) 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) Multiyear 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 is authorized concurrently with Medical Additional Special Pay and Incentive Special Pay.
DISCUSSION AND CONCLUSIONS:
1. The advisory opinion points out that there is no record of an MASP agreement submission for 2005 in the applicants military pay file.
2. Evidence of record shows the applicant was eligible to execute a one-year obligatory MASP for $15,000/year effective 1 July 2005.
3. Based on the foregoing, it would be equitable to correct the applicants military records to show he executed an MASP contract for the period 1 July 2005 to
30 June 2006 and to pay him this specialty pay.
BOARD VOTE:
___xx___ ___xx___ ___xx___ 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. showing the individual concerned executed an MASP contract in sufficient time to be effective 1 July 2005 with an obligation through 30 June 2006; and
b. paying him any monies, as appropriate, based on execution of the contract executed in the above mentioned paragraph.
________xxxx__________
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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