IN THE CASE OF:
BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110012865
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 award of Medical Additional Special Pay (MASP) for the period 1 January through 31 December 2010.
2. The applicant states that due to his deployment in support of Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF), he was neither available nor notified by Womack Army Medical Center, Fort Bragg, NC, when it was time to make his annual request for MASP. Later, he was informed that to receive his annual MASP bonus, he had to make a request for relief to this agency. He concludes by stating he has received MASP every year for the past 28 years.
3. The applicant provides copies of:
* a memorandum for Chief, Special Pay Branch, Office of the Surgeon General, subject: Request for MASP, dated 13 June 2011
* his medical licenses for the State of Alabama and Maryland
* a DA Form 4037 (Officer Record Brief)
CONSIDERATION OF EVIDENCE:
1. After prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the Army, as a Medical Officer Candidate in the rank/grade of second lieutenant/O-1, on 11 June 1979. On 21 May 1983, upon
completion of medical school, he was appointed as a commissioned officer in the Regular Army, in the rank/grade of captain/O-3, Medical Corps.
2. He was subsequently promoted to major/O-4 on 30 September 1987, lieutenant colonel/O-5 on 30 September 1993, and colonel/O-6 on 20 September 1999. He currently serves as the Command Surgeon, Special Operations Command Central (SOCCENT), MacDill Air Force Base, Tampa, FL.
3. The record is void of documentation showing he executed an MASP agreement for the period 1 January through 31 December 2010. A review of his record shows he executed MASP agreements for 2 subsequent years:
1 January through 31 December 2011 and 1 January through 31 December 2012.
4. The applicant provides a MASP agreement for the period 1 January through 31 December 2010 and medical licenses for Alabama and Maryland, which are current.
5. 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, Falls Church, VA on 11 October 2011. This official stated no objections to payment of this bonus for the period requested. A review of the applicant's record indicated no record of a MASP agreement submission for the period indicated. Although the applicant must bear the responsibility for his part of the agreement execution and submission, this outstanding MASP entitlement for the period requested is based on time served and his inability to comply with recertification timelines due to deployment.
6. The applicant was provided a copy of this advisory opinion for comments on 13 October 2011. He concurred via email the same day.
7. Title 37, United States Code, Sections 301d, 302, 302f, and 303a, provide 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 include MASP, which is paid to all Medical Corps officers upon completion of internship (not during initial residency) at the current rate of $15,000 (less taxes) for a one-year active duty obligation that can be served concurrently with all other obligations.
8. 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. The applicant's record does not indicate he submitted a request for MASP for the period 1 January through 31 December 2010, despite his clear entitlement to do so.
2. The Chief of the AMEDD Special Pay Branch supported payment of the outstanding MASP entitlement for the period requested, based on time served and the applicant's inability to comply with recertification timelines due to deployment.
3. The applicant is eligible for receipt of MASP, in the amount of $15,000, for the period 1 January through 31 December 2010. Accordingly, his records should be corrected to show entitlement to this 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 entered into a MASP contract for the period covering
1 January through 31 December 2010; and
b. paying him retroactive MASP in accordance with his contract for the entire period covering 1 January through 31 December 2010, in the total amount of $15,000.
___________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) AR20100000488
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110012865
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120014988
The applicant provides copies of an Army Medical Department (AMEDD) Special Pay Form showing MASP of $15,000 for 2011; a Memorandum for the Chief, Special Pay Branch, Officer of The Surgeon General (OTSG), and a copy of his recertification certificate. That official notes that the applicant's pay record shows no indication that the applicant ever received MASP for the period in question and recommended payment based on time served and noted that the applicant was due approximately...
ARMY | BCMR | CY2013 | 20130008949
The applicant requests, in effect, correction of his record to show he executed an agreement for medical additional specialty pay (MASP) with an effective cycle date beginning on 22 July 2011 vice 1 October 2011. His records show he completed residency training in orthopedic surgery during the period 1 July 2007 to 30 June 2011. This official stated that the applicant was requesting an adjustment of his annual MASP contract at $15,000/year from an effective date cycle of 1 October to 22 July.
ARMY | BCMR | CY2010 | 20100014870
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. 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. Although the applicant did not timely file an MASP agreement upon entering active duty, he met all of the...
ARMY | BCMR | CY2008 | 20080017531
Evidence of record shows the applicant was eligible to execute a one-year obligatory MASP for $15,000/year effective 1 July 2001. Based on the foregoing, it would be equitable to correct the applicants military records to show he executed an MASP contract for the period 1 July 2001 to 30 June 2002 and to adjust the annual periods accordingly. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adjusting the current MSAP...
ARMY | BCMR | CY2014 | 20140001443
The applicant requests payment of board certification pay (BCP) for the period January 2012 to October 2012. On 7 March 2014, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of the Surgeon General. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she is authorized to receive BCP pay for the 9-month period of 1 January 2012 to 30 September 2012.
ARMY | BCMR | CY2007 | 20070015251
The applicant provided the following additional documentary evidence in support of his application: a. DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 24 February 2006; b. For Army Medical Corps officers (Physicians), these special pays are: 1) Variable Special Pay (VSP) which is paid to all Medical Corps officers monthly upon entry on active duty; 2) Board Certification Pay (BCP) which is paid monthly to all board certified Medical Corps officers based upon their...
ARMY | BCMR | CY2011 | 20110023160
A review of the applicant's pay file indicates no record of MASP agreement submission or payment for the period requested. For Army Medical Corps officers (physicians), these special pays include: MASP, which is paid to all Medical Corps officers upon completion of internship (not during initial residency) at the current rate of $15,000 (less taxes) for a 1-year active duty obligation that can be served concurrently with all other obligations. Based on the foregoing and the advisory...
ARMY | BCMR | CY2008 | 20080006481
The applicant requests that her records be corrected to show she executed a medical additional special pay (MASP) agreement for the period 26 October 2006 through 25 October 2007, and that she be paid MASP. 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 which states the earliest date the applicant could have executed a MASP agreement was the date she...
ARMY | BCMR | CY2009 | 20090016087
In support of his request, the applicant provides two email messages that show, in pertinent part, the Chief, Army Medical Department (AMEDD) Special Pay Branch, confirmed the applicant's pay account indicates that he is currently in Multi-year Special Pay (MSP) and Multi-year Incentive Special Pay (MISP) agreements, both for a period of 2 years at $13,000, effective 4 September 2007 through 3 September 2009. However, the evidence of record shows the applicant inadvertently failed to...
ARMY | BCMR | CY2014 | 20140015090
The applicant requests payment of his Medical Additional Special Pay (MASP) in the amount of $15,000 for the period effective December 2012. A review of special pay and finance records indicate the applicant executed contracts and received annual MASP in the amount of $15,000 per year effective 21 December 2010, 21 December 2011, and 21 December 2013. There was no record of a prepared, executed, processed, or paid MASP contract effective 21 December 2012. b.