IN THE CASE OF:	  

		BOARD DATE:	       10 February 2009

		DOCKET NUMBER:  AR20080017531 


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 his Medical Additional Special Pay (MASP) be made effective 1 July 2001.

2.  The applicant states that he completed his residency in internal medicine on 30 June 2001 and immediately assumed an internal medicine staff position.

3.  The applicant provides, in support of his request, an excerpt from Chapter 7, Special Pays for Medical Officers, from Department of Defense (DOD) Instruction 7000,14, also known as the DOD Pay Manual; a memorandum to the Chief, Special Pay Branch, Office of The Surgeon General, dated 14 September 2001; his residency certificate, dated 30 June 2001; and an e-mail exchange about MASP.

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.  The applicant's residency certificate shows he completed his residency program on 30 June 2001.


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 applicant’s military pay file indicates that the applicant should have been eligible to apply for MASP on 30 June 2001, when he finished his residency.  However, he appears to have been ill advised and his MASP was not started until 14 September 2001  The Chief, AMEDD Special Pay Branch recommended that the, "Current agreement effective 20070914-20080913, be adjusted to 20070701-20080630.  This would telescope back initial eligibility 20010701-20020630, 20020701-20030630…" and so on through,"… 20060701-20070630. No payment required."  The Chief further advised that, after this adjustment, the applicant could apply for $15,000/year MASP, for the period 20080701-20090630.

4.  The advisory opinion was furnished to the applicant for review and possible rebuttal.  On 18 December 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 [emphasis added;  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.

6.  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 
of 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 applicant states that his MASP should have started on 1 July 2001.

2.  The advisory opinion notes that the applicant received inadequate advice, and that his MASP account should be adjusted to effectively start on 1 July 2001.

3.  Evidence of record shows the applicant was eligible to execute a one-year obligatory MASP for $15,000/year effective 1 July 2001.

4.  Based on the foregoing, it would be equitable to correct the applicant’s military records to show he executed an MASP contract for the period 1 July 2001 to 
30 June 2002 and to adjust the annual periods accordingly.  

5,  Following the foregoing adjustment, he should be permitted to submit, through his chain of command, an MASP agreement for the period 1 July 2008 through 30 June 2009.

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. adjusting the current MSAP agreement to show the initially approved period was from 1 July 2001 through 30 June 2002 and adjusting each annual period through 30 June 2008; and

	b.  once the foregoing adjustment has been made, permitting him to submit, with his then current commander's concurrence, an agreement for $15,000/year MASP for the period 1 July 2008 through 30 June 2009. 





      _______ _ 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)                                         AR20080017531





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ABCMR Record of Proceedings (cont)                                         AR20080017531



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