IN THE CASE OF:

		BOARD DATE:	10 December 2009  

		DOCKET NUMBER:  AR20090016087 


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 correction of his records to show he was authorized $15,000 Medical Additional Special Pay (MASP) for 2008.

2.  The applicant states he was recalled to active duty in September 2007, is now serving as the Command Surgeon for the Joint Munitions Command, Rock Island Arsenal, Illinois, and will continue to serve on active duty until September 2010.

	a.  He states that as an occupational medicine physician, he is entitled to professional pay bonuses.  He adds that prior to his retirement in 2000, he was assisted by the U.S. Army Medical Department Activity, Fort Knox, Kentucky, with his yearly paperwork.

   b.  In 2008, he inadvertently overlooked submitting the paperwork for his MASP.  Since this occurred more than one year ago, he was informed he must seek relief from the Army Board for Correction of Military Records (ABCMR).

3.  The applicant provides, in support of his application, two email messages.

CONSIDERATION OF EVIDENCE:

1.  The applicant was recalled to active duty from retired status on 4 September 2007 as a board certified officer in specialty 60C (Preventive Medicine Officer).

2.  His current active duty commitment expires on 29 September 2010.

3.  In support of his request, the applicant provides two email messages that show, in pertinent part, the Chief, Army Medical Department (AMEDD) Special Pay Branch, confirmed the applicant's pay account indicates that he is currently in Multi-year Special Pay (MSP) and Multi-year Incentive Special Pay (MISP) agreements, both for a period of 2 years at $13,000, effective 4 September 2007 through 3 September 2009.  He also confirmed that the applicant's last MASP at $15,000 was effective 4 September 2007 through 3 September 2008.

4.  In the processing of this case, an advisory opinion was obtained from the Office of the Surgeon General (OTSG), Chief, AMEDD Special Pay Branch, Falls Church, Virginia.  The opinion stated that a review of the applicant's military pay account indicated he executed and received payment for MASP agreements effective 4 September 2007 through 3 September 2008 and 4 September 2009 through 3 September 2010.  There is no record of payment for MASP agreement period 4 September 2008 through 3 September 2009.  The Chief, AMEDD Special Pay Branch, stated that the OTSG cannot initiate payment for the MASP period because the period of arrears exceeds OTSG's authority.  The advisory opinion recommends the applicant receive the MASP for the period 4 September 2008 through 3 September 2009 for $15,000 (prior to taxes).

5.  On 26 October 2009, the applicant was provided a copy of the advisory opinion in order to have the opportunity to respond to its contents; however, as of this writing the applicant has failed to provide any response.

6.  Department of Defense (DoD) Financial Management Regulation (FMR), Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 5 (Special Pay for Medical Officers), provides in:

   a.  paragraph 0504 (Variable Special Pay) that an officer who is an officer of the Medical Corps of the Army and who is on active duty under a call or order to active duty for a period of not less than 1 year is entitled to Variable Special Pay (VSP);

	b.  paragraph 0505 (Additional Special Pay), provides:

       (1)  an officer who is entitled to VSP and who has a current, valid, unrestricted license or approved waiver is entitled to Additional Special Pay (ASP);

       (2)  an officer may not be paid ASP for any 12-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period no less than 1 year beginning the date the officer accepts the award of ASP; and
       (3)  if an officer is eligible for ASP, then the amount payable will be $15,000 for each 12-month period during which the officer is not undergoing medical internship or initial residency training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show that he was authorized $15,000 MASP from 4 September 2008 through 3 September 2009.

2.  Records show the applicant was recalled to active duty on 4 September 2007, he is a board certified AMEDD officer, and his active duty commitment expires on 29 September 2010.

3.  Records show the applicant received MASP effective 4 September 2007 through 3 September 2008 and 4 September 2009 through 3 September 2010. However, the evidence of record shows the applicant inadvertently failed to request MASP effective 4 September 2008 through 3 September 2009.

4.  The OTSG cannot authorize payment of MASP effective 4 September 2008 through 3 September 2009 because to do so would exceed the OTSG's authority.   However, the OTSG recommends that the ABCMR approve this payment.

5.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant’s records to show he is entitled to MASP effective 4 September 2008 through 3 September 2009.

BOARD VOTE:

____X___  ___X____  ___X_ __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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 the applicant is entitled to Medical Additional Special Pay effective
4 September 2008 through 3 September 2009.

2.  As a result of the above correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment of Medical Additional Special Pay effective 4 September 2008 through 3 September 2009 (less taxes) that may be due the applicant 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.

ABCMR Record of Proceedings (cont)                                         AR20090016087



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ABCMR Record of Proceedings (cont)                                         AR20090016087



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