BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110011801
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 payment of Medical Additional Special Pay (MASP) for the periods ending July 2008 and July 2009.
2. He states he's been serving on active duty since July 2003. In 2008, his pay was administered by the Finance Office at the 3rd Infantry Division at Fort Stewart, GA, because the unit he commanded was attached to this division. The Finance Office didn't know about the special pay he should have received. In 2009, he believes the special pay wasn't issued because he had to see postoperative patients for an additional 30 days for a Fort Gordon, GA, surgeon who committed suicide. He was distracted by the physicians unexpected death.
3. He provides a special pay printout.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve commissioned officer on 25 February 1973.
2. He was ordered to active duty on 8 July 2003.
3. He provides a Special Pay Record Brief which indicates he missed MASP payments of $15,000.00 for the periods 16 July 2008 to 15 July 2009 and 16 July 2009 to 15 July 2010.
4. He retired on 30 June 2011 and was placed on the Retired List in the rank of colonel.
5. In the processing of this case, a staff advisory opinion was obtained from the Army Medical Department (AMEDD) Special Pay Branch Chief of the Office of the Surgeon General who stated:
a. The applicant indicated he was under personal and professional distractions. Since he was not assigned directly to a local supporting military hospital human resources office, he failed to execute agreements for submission and payment.
b. There is no record of MASP agreement execution and submission or payment for the periods requested. The applicant met all requirements to include possession of a current valid unrestricted license.
c. The outstanding MASP entitlements for the periods requested were based on time being served and the aforementioned circumstances.
d. The applicant was eligible for receipt of the served 1-year obligatory MASP agreement for $15,000.00 per year for the periods 16 July 2008 to 15 July 2009 and 16 July 2009 to 15 July 2010.
e. This office could not make payment due to the Defense Finance and Accounting Service policy and procedure limitations.
f. The applicant submitted an MASP request for $15,000.00 per year effective 1 July 2010 to 30 June 2011. Based on the advisory opinion, those dates would need to be adjusted to 16 July 2010 to 15 July 2011. No payment is due for this period.
6. A copy of the advisory opinion was forwarded to the applicant for comment. On 7 October 2011, he acknowledged receipt of the advisory opinion. He believed the advisory opinion and the application he completed answered the appropriate questions.
7. Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provides for multi-year retention bonuses and special pays for medical officers and health professionals of the Armed Forces. For Army Medical Corps officers (physicians), these special pays are: (1) Variable Special Pay which is paid to all Medical Corps officers monthly upon entry on active duty; (2) Board Certification Pay which is paid monthly to all board-certified Medical Corps officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date; (3) MASP which is paid to all Medical Corps officers upon completion of internship (not during initial residency) at the current rate of $15,000.00 (less taxes) for a 1-year active duty obligation that can be served concurrently with all other obligations; (4) Incentive Special Pay (ISP) which is paid based on a variable rate to selected Medical Corps officers who hold the specialties eligible to receive this pay for a 1-year active duty obligation that may be served concurrently with all other obligations; and (5) Multi-year Special Pay which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps officers based on their specialty. This pay is authorized concurrently with MASP and ISP.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service record does not indicate he submitted an MASP contract for the periods 16 July 2008 to 15 July 2009 or 16 July 2009 to 15 July 2010.
2. The Chief of the AMEDD Special Pay Branch supported payment of the outstanding MASP entitlements for the period requested based on time served and the applicant's personal and professional distractions.
3. Based on the foregoing and in the interest of justice, the applicant is eligible for receipt of the served 1-year obligatory MASP agreement for $15,000.00 per year for the periods 16 July 2008 to 15 July 2009 and 16 July 2009 to 15 July 2010. Therefore, his records should be corrected to show entitlement to these medical specialty pay bonuses.
BOARD VOTE:
____x____ __x___ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 he was issued an MASP contract effective 16 July 2008 with an obligation through 15 July 2009,
b. showing he was issued an MASP contract effective 16 July 2009 with an obligation through 15 July 2010, and
c. paying him based on the contracts executed in paragraphs a and b above.
___________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) AR20110011801
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ABCMR Record of Proceedings (cont) AR20110011801
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