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ARMY | BCMR | CY2011 | 20110012348
Original file (20110012348.txt) Auto-classification: Approved

	

		DOCKET NUMBER:  AR20110012348 


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 entitlement to Medical Additional Special Pay (MASP) for the period 9 July 2009 through 8 July 2010.

2.  The applicant states:

* He was awarded an MASP annual bonus in 2010 after applying for it in Afghanistan
* His application in 2009 was inadvertently not submitted while he was deployed to Iraq
* The records person at Fort Hood, TX mistakenly informed him in 2009 via email they thought it was automatically awarded
* He met the requirements for the bonus at the time but failed to submit the necessary paperwork 

3.  The applicant provides no documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of lieutenant colonel.


2.  In the processing of this case, on 28 February 2012, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of The Surgeon General.  The advisory official states:

	a.  the applicant is requesting payment of his MASP agreement at $15,000.00 per year for the period 9 July 2009 through 8 July 2010.  He indicates they were forward deployed and not available to seek annual MASP agreement preparation from the local supporting military human resource office.

	b.  a review of his military pay file indicates no record of the MASP agreement submission or payment for the period requested.  He did meet all requirements, to include possession of a current, valid, unrestricted license during the period requested.

	c.  based on extenuating circumstances of deployment, he is eligible for receipt of the served 1-year obligatory MASP agreement for $15,000.00 per year for the period 9 July 2009 through 8 July 2010.

	d.  that office cannot make payment due to the DFAS policy and procedure limitations; there are no objections to payment of this agreement.

3.  On 28 February 2012, the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

4.  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:

	a.  Variable Special Pay which is paid to all Medical Corps officers monthly upon entry on active duty;

	b.  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;

	c.  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;

	d.  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 a1-year active duty obligation that may be served concurrently with all other obligations; and

	e.  Multiyear 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 advisory official points out that there is no record of an MASP agreement submission for the period 9 July 2009 through 8 July 2010 in the applicant's military pay file.

2.  The evidence of record shows the applicant was eligible to execute a 1-year obligatory MASP for $15,000.00 per year effective 9 July 2009.

3.  Based on the foregoing, it would be equitable to correct the applicant's military record to show he executed an MASP contract for the period 9 July 2009 through 8 July 2010 and to pay him this specialty pay.

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 executed an MASP contract for the period 9 July 2009 through 8 July 2010;

	b.  showing the MASP contract was timely received and processed by the appropriate office; and
	c.  paying him any monies due as a result of the above corrections.



      __________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)                                         AR20110012348



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ABCMR Record of Proceedings (cont)                                         AR20110012348



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