BOARD DATE: 10 November 2009
DOCKET NUMBER: AR20090011117
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 retroactive payment of Medical Additional Special Pay (MASP) for the periods from 31 December 2007 to 30 December 2008 and
31 December 2008 to 30 December 2009 in the amount of $15,000.00 per year.
2. The applicant states that he did not receive MASP for these two periods.
3. The applicant provides, in support of his application, copies of his resignation letters from residency.
CONSIDERATION OF EVIDENCE:
1. The available records show that the applicant is a captain, pay grade O-3, Medical Corps, serving in the Regular Army.
2. In the processing of this case a staff advisory opinion was obtained from the Chief, Special Pay Branch of the Office of the Surgeon General (OTSG). The opinion states that a review of the applicant's military pay file indicates the applicant withdrew from the residency program on 31 December 2007, but had never signed an MASP agreement. Although the applicant 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 applicant, but rather to his not being notified of his eligibility. The earliest the applicant can execute the MASP agreement is upon graduation or withdrawal from the residency program. Therefore, 31 December 2007 would be the initial effective date of the agreement. The opinion provides a recommendation for the applicant to receive payment for the two MASP agreements at $15,000.00 per year effective
31 December 2007 to 30 December 2008 and 31 December 2008 to
30 December 2009. The OTSG noted their inability to pay due to the Defense Finance and Accounting Service policy and procedure limitations.
3. On 30 July 2009, a copy of the advisory opinion was forwarded to the applicant for his information and/or possible rebuttal. To date no response has been received.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should receive retroactive payment of MASP for the periods 31 December 2007 to 30 December 2008 and 31 December 2008 to 30 December 2009 in the amount of $15,000.00 per year.
2. Given the fact that the applicant's request for MASP is based on service performed and his not being properly advised of his eligibility, it reasonable to presume that a rational person would not have intentionally overlooked submitting an application resulting in the loss of $15,000.00 per year for performing a service that he would otherwise have to accomplish whether he received the pay or not.
3. In view of the foregoing, the applicantÂ’s records should be corrected to show he executed MASP agreements for the periods 31 December 2007 to 30 December 2008 and 31 December 2008 to 30 December 2009 in the amount of $15,000.00 per year and paying him retroactive payments of MASP in accordance with his agreements.
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 he executed MASP agreements for the periods 31 December 2007 to 30 December 2008 and 31 December 2008 to 30 December 2009 in the amount of $15,000.00 per year and paying him retroactive payment of MASP as a result of this correction.
_______ _ __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.
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