IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110023160
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 Medical Additional Special Pay (MASP) in the amount of $15,000 for the period 1 July 2010 through 30 June 2011.
2. The applicant states he was, in effect:
* unaware he was entitled to MASP
* he has been on continuous active duty since 1987
* he was advised he must apply to this Board for MASP in arrears
3. The applicant provides self-authored statements.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Medical Corps (MC) colonel serving in an active duty status as a physician.
2. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, of the Surgeon General's office. The opinion states:
a. A review of the applicant's pay file indicates no record of MASP agreement submission or payment for the period requested. The applicant did meet all requirements, to include possession of a current, valid, and unrestricted license.
b. Although the applicant must bear responsibility for his part of the agreement request, execution, and submission, the outstanding MASP entitlement for the period requested is based on time being served. No other pay agreements are affected and they are all current for fiscal year 2011.
c. The applicant "is eligible for receipt of the served one-year obligatory MASP agreement for $15,000/year for the period effective 1 July 2010 through 30 June 2011."
d. This office cannot make payment due to the Defense Finance and Accounting Service (DFAS) policy and procedure limitations; there are no objections to payment of this agreement.
3. The applicant was provided an opportunity to respond to the advisory opinion, but 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for MASP was carefully considered and determined to have merit.
2. The evidence of record shows the applicant was eligible to execute a 1-year obligatory MASP agreement for $15,000 per year effective 1 July 2010.
3. Based on the foregoing and the advisory opinion recommendation, the applicant is eligible to receive MASP; therefore, it would be equitable to correct his records to show he executed an MASP agreement for the period 1 July 2010 through 30 June 2011 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 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:
a. showing he executed an MASP agreement in a timely manner and his request was approved in a timely manner to be effective 1 July 2010; and
b. paying him MASP in the amount of $15,000 for the period 1July 2010 to
30 June 2011.
_______ _ __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) AR20110023160
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