IN THE CASE OF:
BOARD DATE: 29 March 2011
DOCKET NUMBER: AR20100019662
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 period 19 December 2007 to 24 June 2009.
2. The applicant states he was eligible for MASP, but it was not afforded to him. He was not informed of his entitlement to the pay until he was briefed by his supervisor on 28 June 2010. He further states that after graduating from his general surgery internship on 18 December 2007 he served as a general medical officer until he entered aerospace medicine residency training on 24 June 2009.
3. The applicant provides a copy of each of his leave and earnings statements from October 2007 to September 2009; All Army Activities (ALARACT) Message 204/2007, subject: Fiscal Year 2008 Army Medical Corps Officer Special Pay Policy, Plan, and Rates; active duty orders, reassignment orders to Fort Sam Houston, Texas, for training; reassignment orders for duty at the University of Texas Medical Center; and his Indiana State Medical License.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed in the U.S. Army Reserve as a Medical Corps (MC) captain and ordered to active duty on 22 September 2006.
2. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of the Surgeon General.
a. The MASP policies and procedures state that an officer can execute an annual MASP agreement upon completion of his or her internship, but not during initial residency. A review of the applicant's official records shows he worked as a pediatric general medical officer during the period 17 December 2007 to 21 June 2009.
b. The MASP further requires a full unrestricted licensure during the MASP agreement period. The license included in the applicant's request is from the State of Indiana and was effective from 8 October 2008 to 30 June 2009.
3. The advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He responded that he would not be providing any additional documentation to support his request.
4. ALARACT Message 204/2007 states that MASP is paid annually to MC officers who are not participating in internship or initial residency training. Possession of a current, unrestricted license must be maintained during the period of the MASP agreement to retain eligibility. 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.
5. Title 37, U.S. Code, section 302, states an officer of the MC of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty for a period of not less than 1 year is entitled to special pay in accordance with this section.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be paid MASP for the period 19 December 2007 to 24 June 2009.
2. He completed his internship on 18 December 2007 and did not enter into his residency until 24 June 2009. He would have been eligible for MASP for that period if he had maintained a current, unrestricted license. He provided evidence of a license issued on 8 October 2008. As a result, his eligibility for MASP would be limited to the period 8 October 2008 to 24 June 2009. He has not provided evidence that he was eligible for MASP for any period prior to 8 October 2008.
3. In view of the above, recommend that he be paid MASP for the period 8 October 2008 to 21 June 2009.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing he requested payment of MASP beginning 8 October 2008,
b. showing it was timely received and processed, and
c. authorizing payment of MASP in arrears for the period 8 October 2008 through 21 June 2009.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to authorizing payment of MASP for any period prior to 8 October 2008.
____________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) AR20100010291
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