IN THE CASE OF:
BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100014870
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, correction of his record to show he executed an agreement for medical additional specialty pay (MASP) for the period 4 October 2008 to 4 October 2009, and to be paid MASP for that period.
2. The applicant states, in effect, when he entered active duty to fulfill his service commitment, he was unaware that he needed to execute an agreement to receive MASP.
3. The applicant provides documents pertaining to his entry into active duty, documentation of his professional credentials, and documents related to his MASP eligibility.
CONSIDERATION OF EVIDENCE:
1. The applicant is an Army medical officer in the rank of captain. He entered active duty on 4 October 2008 to fulfill the service commitment he incurred by participating in the Health Professions Scholarship Program.
2. The record is void of documentation showing he executed an MASP agreement for the period 4 October 2008 to 3 October 2009. A review of his record shows he has executed MASP agreements for 2 subsequent years: 4 October 2009 to 3 October 2010 and 4 October 2010 to 3 October 2011.
3. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General (OTSG), Falls Church, VA. The advisory opinion states a review of his military pay file indicates no record of an MASP agreement or payment for the period 4 October 2008 to 3 October 2009. However, he did meet all requirements for MASP, to include possession of a current full unrestricted license. The opinion recommends approving the request retroactively and paying him $15,000.
4. The applicant was provided an opportunity to respond to the AMEDD advisory opinion but did not respond.
5. The Department of Defense Military Pay and Entitlements Manual provides that medical officers on active duty are entitled to MASP provided they are not undergoing initial residency training. In order to qualify for MASP, an agreement must be signed to remain on active duty for at least 1 additional year from the effective date of the agreement. The MASP is paid annually in a lump sum effective the date of the agreement.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant did not timely file an MASP agreement upon entering active duty, he met all of the requirements to fulfill the agreement.
2. The AMEDD Special Pay Branch recommends granting the applicant's request.
3. As a matter of equity, it would be appropriate to correct the applicants record to show he timely filed an MASP agreement for the period 4 October 2008 to 3 October 2009 and to pay him MASP for that period.
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 that he timely executed an MASP agreement in the amount of $15,000 for the period 4 October 2008 through 4 October 2009 and by paying him the amount specified in the agreement.
_______ _ _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) AR20100014870
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ABCMR Record of Proceedings (cont) AR20100014870
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