IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120005126
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 payment of Medical Additional Special Pay (MASP) for the periods covering 1 July 2009 to 30 June 2010, and
1 July 2010 to 30 June 2011 in the amount of $15,000.00 per year, totaling $30,000.00.
2. The applicant states he is unable to determine the reasons for the missed agreements.
3. The applicant provides copies of:
* Email referring him to this Board
* Memoranda for multi-year special pay (MSP), dated 28 September 2006 and 30 September 2008
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty as a physician, board certified in emergency medicine.
2. In the processing of this case a staff advisory opinion was obtained from the Chief, Special Pay Branch, Office of the Surgeon General (OTSG).
a. The OTSG opined, in effect, that a review of the officer's military pay file shows no evidence of MASP agreement submissions for the years commencing in 2009 and 2010.
b. Although the applicant must bear responsibility for his part of the agreement request, execution, and submission, the outstanding MASP agreements for the periods requested are based on time served. Furthermore, he met all requirements to include possession of a current, valid, unrestricted license during the periods requested.
c. The applicant is eligible for receipt of the served one-year obligatory MASP agreements for $15,000.00/year for the periods effective 20090701-20100630 and 20100701-20110630.
d. The OTSG noted that the director, Defense Finance and Accounting Service (DFAS) may make settlement actions affecting military pay accounts of Soldiers as a result of correction of records by the Army Board for Correction of Military Records.
3. On 23 April 2012, a copy of the advisory opinion was forwarded to the applicant for his information and/or possible rebuttal. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his records should be corrected to show authorization/entitlement to receive retroactive payment of MASP for the periods covering 1 July 2009 to 30 June 2010 and 1 July 2010 to 30 June 2011 in the amount of $15,000.00 per year, totaling $30,000.00.
2. The opinion rendered by the OTSG clearly states that the applicant was fully qualified and eligible for the MASP during the periods requested. Apparently the applicants failure to execute an MASP agreement was either an oversight or the result of misunderstanding the proper procedures. Accordingly, he should be paid for the service that he performed in accordance with an MASP agreement.
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 the applicant entered into a retroactive MASP contract for the periods covering 1 July 2009 to 30 June 2010; and 1 July 2010 to 30 June 2011; and
b. once he has authenticated the MASP contract, paying him retroactive payment of MASP, in accordance with each contract, for the respective periods covered, in the amount of $15,000.00 each, totaling $30,000.00.
__________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.
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