IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080012836
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 reconsideration of an earlier appeal that the effective date of his Medical Additional Special Pay (MASP) be corrected to 8 July 2005.
2. The applicant states, in effect, that he is submitting new evidence that shows the date he entered active duty was 8 July 2005 and that his MASP contract should be adjusted to reflect the accurate date.
3. The applicant provides U.S. Army Human Resources Command-St. Louis (USAHRC-STL) Orders A-06-591196, dated 2 June 2005; a DA Form 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes), dated 21 July 2005; a DA Form 4037 (Officer Record Brief (ORB)), prepared on 27 July 2008; a DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement), for the period of 1-31 July 2008; a DA Form 1059 (Service School Academic Evaluation Report), dated 20 September 2005; a doctor of medicine diploma; a pediatric residency diploma, and an Army Medical Department (AMEDD) officer basic course diploma.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080004323 on 22 July 2008.
2. The applicant's contentions are new arguments which will be considered by the Board. In addition, the evidence provided is new evidence which will be considered by the Board.
3. The applicant was initially appointed as a Reserve Commissioned Officer of the Army at the rank of Captain (CPT), Medical Corps (MC), in June 2002.
4. USAHRC-STL Orders A-06-591196, dated 2 June 2005, ordered the applicant to active duty and directed that he report to Headquarters and Headquarters Company, Armor, Fort Hood, Texas effective 30 September 2005. However, these orders specified that early reporting to the duty assignment was authorized.
5. The applicant provided a DFAS Form 702, for the period of 1-31 July 2008, that shows his entry on active duty (EAD) date as 8 July 2005.
6. Section III-Service Data of the applicant's ORB, prepared on 27 July 2008, shows his basic active service date (BASD) and EAD as 8 July 2005.
7. The applicant provided a DA Form 1506, dated 21 July 2005, that shows his EAD as 8 July 2005.
8. In the processing of this case, an advisory opinion was obtained from the Chief, AMEDD Special Pay Branch, Office of The Surgeon General who recommended approval of the applicant's request. The advisory opinion stated, "A review of officer's military pay file indicates officer entered active duty on 20050708, and executed MASP agreements effective 20051009, 20061009, and 20071009." The advisory opinion recommended that all of the applicant's MASP agreement dates be changed from 9 September 2005 to 8 July 2005, and each year thereafter, based on the 8 July 2005 date when he entered on active duty. The applicant concurred with the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the effective date of his MASP should be corrected to 8 July 2005. He provided a DFAS Form 702, an ORB, and a DA Form 1506, which overwhelmingly show he entered active duty on 8 July 2005. Based on the support for favorable consideration expressed by the AMEDD Special Pay Branch, the applicant should be granted relief. Therefore, the applicant's MASP effective dates should be changed from to 9 October 2005 to
8 July 2005, from 9 October 2006 to 8 July 2006, from 9 October 2007 to 8 July 2007, and from 9 October 2008 to 8 July 2008.
2. In view of the circumstances in this case, the applicant is entitled to an adjustment of his MASP effective dates, with entitlement to back pay, as appropriate.
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 amendment of the ABCMRs decision in Docket Number AR20080004323, dated 22 July 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. changing his MASP effective dates from 9 October 2005 to 8 July 2005, from 9 October 2006 to 8 July 2006, from 9 October 2007 to
8 July 2007, and from 9 October 2008 to 8 July 2008; and
b. paying him any back pay due as a result of these corrections.
_________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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