IN THE CASE OF:
BOARD DATE: 12 January 2010
DOCKET NUMBER: AR20090016904
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, retroactive payment of Medical Additional Special Pay (MASP) in the amount of $15,000.00 per year for the periods 22 July 2008 to 21 July 2009 and 22 July 2009 to 21 July 2010.
2. The applicant states that she was totally unaware of this entitlement until January 2008.
3. The applicant provides in support of her request a copy of a letter, dated
27 April 2007, from the American Osteopathic Board of Family Physicians; a copy of a letter, dated 15 July 2008, from the American Osteopathic Board of Radiology; and a copy of her Officer Record Brief (ORB), dated 1 October 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she was appointed as a U.S. Army Reserve Medical Corps (MC) captain (CPT) and executed an oath of office on 23 May 2003.
2. During the period 1 May 2006 to 5 May 2007, the applicant completed the Family Practice Residency program.
3. On 27 April 2007, the Executive Director of the American Osteopathic Board of Family Physicians stated in a letter that the applicant had successfully completed the written and practical examination and would be board eligible for certification in family practice and osteopathic treatment upon completion of her training program.
4. On 22 July 2007, the applicant entered active duty as a Regular Army, MC CPT and was subsequently assigned to the U.S. Army Health Clinic, Baumholder, Germany.
5. At the time of her application, the applicant was serving on active duty as a MC surgeon, Warrior Transition Battalion, Landstuhl, Germany.
6. In the processing of this case a staff advisory opinion was obtained from the Special Pay Branch of the Office of the Surgeon General (OTSG). It stated that a review of the officer's military pay file indicates the applicant entered active duty on 22 July 2007 and executed only one MASP agreement effective 20070722-20080221. It further stated that even though the applicant must bear responsibility for her part of the execution and submission of the agreements, the delay in executing the MASP agreements was due to no fault of the applicant as she was unaware of the need to request preparation and execution of the agreements for payments. It further stated that this office was able to authorize the MASP from 20090722 through 20100721 and payment was already released to the applicant's account (less applicable taxes). Therefore, this portion of MASP with not be further discussed in this Record of Proceedings.
7. However, the OTSG cannot make payments retroactive for the earlier timeframe due to the Defense Finance and Accounting Service policy and procedure limitations. The OTSG official further recommended the applicant's MASP agreement for $15,000/year for the period 22 July 2008 through 21 July 2009 be authorized for payment.
8. On 29 October 2009, the applicant was provided a copy of this advisory opinion; however, she did not respond.
9. 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 is required. The license or waiver must be maintained during the period of the MASP agreement to be eligible. 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. The annual rate regardless of years of creditable service is $15,000.00 per year.
DISCUSSION AND CONCLUSIONS:
The available evidence supports the applicants contention that she was not properly advised of her eligibility for MASP. Furthermore, it does not seem reasonable that a rational person would intentionally fail to submit an application for MASP, knowing that she would lose $15,000.00 per year. The applicant was clearly authorized to enter into an agreement for MASP for the period from 22 July 2007 through 21 July 2008. Therefore, her record should be corrected to show that she did so.
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. showing she entered into a retroactive MASP contract for the period covering 22 July 2008 to 21 July 2009; and
b. paying her retroactive payment of MASP in accordance with her contract for the entire period covering 22 July 2008 to 21 July 2009, in the total amount of $15,000.00.
_______ _ 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) AR20090016904
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090016904
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120012638
The applicant requests, in effect, correction of her records to show she was awarded 4 years of creditable service upon her accession on active duty, and retroactive award of Medical Additional Special Pay (MASP) and Incentive Special Pay (ISP) for 2011, the year she was accessed on active duty. On 4 June 2012, she completed a Request for MASP for the period 5 July 2012 through 4 July 2013. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080008312
The applicant requests correction of his records to show that he was entitled to MASP (Medical Additional Special Pay), effective 1 January 2007, in the amount of $15,000.00 and ISP (Incentive Special Pay) effective 1 April 2007, in the amount of $14,000.00. Hence, he requested to retroactively sign the contracts for the incentive pay to which he was entitled to then, and for the fact he was still on active duty and serving as a medical officer without interruption. The evidence shows the...
ARMY | BCMR | CY2009 | 20090011117
BOARD DATE: 10 November 2009 DOCKET NUMBER: AR20090011117 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In view of the foregoing, the applicants 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. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2006 | AR20060011961C071029
Dale DeBruler | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The OTSG opined, in effect, that a review of the officer's military pay file indicate no record of any MSP agreement submissions for the year 2005. The OTSG further opined that the applicant received all contractual pays authorized with the exception for 1 year obligatory MASP agreements for $15,000.00 for the year covering 1 July 2005 through 30 June 2006.
ARMY | BCMR | CY2014 | 20140012556
The applicant provides * Active duty commissioning agreement * Self-authored memorandum to the Defense Finance and Accounting Service (DFAS) and this Board * Orders A-07-019747 (active duty) and amendments * DD Form 214, ending on 30 June 2014 * Request for Unqualified Resignation * Approval of unqualified resignation * Orders 024-0009 (release from active duty) * June 2014 LES * Breakdown of her debt * Bonus recoupment worksheet * Email exchange with her assignment officer * Printout of...
ARMY | BCMR | CY2012 | 20120005126
Although the applicant must bear responsibility for his part of the agreement request, execution, and submission, the outstanding MASP agreements for the periods requested are based on time served. c. The applicant is eligible for receipt of the served one-year obligatory MASP agreements for $15,000.00/year for the periods effective 20090701-20100630 and 20100701-20110630. d. The OTSG noted that the director, Defense Finance and Accounting Service (DFAS) may make settlement actions...
ARMY | BCMR | CY2013 | 20130010868
The applicant states his Army finance records and personal bank statements show that he did not receive the MASP military physician bonus during the years 2007 and 2008. There is no record of annual MASP contracts at $15,000.00 per year effective 1 July 2007 and 1 July 2008 being requested during the same period these multi-year contracts were being signed. He served for 30 years as a medical officer and during this time he would have signed numerous MASP bonuses.
ARMY | BCMR | CY2014 | 20140015300
The applicant requests correction of his records to show he was authorized a 1-year retroactive Medical Additional Special Pay (MASP) contract at $15,000 per year effective 1 September 2013. The applicant states that he served effectively as a Medical Corps (MC) officer during the period 1 September 2013 to 31 August 2014; however, he failed to submit a timely application for the MASP due to family hardship. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090008337
The applicant requests, in effect, retroactive payment of Multi-year Special Pay (MSP) and Multi-year Incentive Special Pay (MISP) for the period covering 1 July 2007 to 30 June 2011. There is no evidence in the applicant's military records that shows he was authorized MSP in the amount of $25,000.00 or MISP in the amount of $15,000.00 for the period 1 July 2007 to 30 June 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | 20080003506
Military Personnel Records and advisory opinions (if any). The applicant requests, in effect, retroactive payment of Medical Additional Special Pay (MASP) in the amount of $15,000.00 per year for the periods from 1 February 2006 to 31 January 2007; and from 1 February 2007 to 31 January 2008. The available evidence clearly shows that the applicant was authorized to enter into an agreement for MASP for the years 2006 and 2007.