IN THE CASE OF:	  

		BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120012638


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, correction of her records to show she was awarded 4 years of creditable service upon her accession on active duty, and retroactive award of Medical Additional Special Pay (MASP) and Incentive Special Pay (ISP) for 2011, the year she was accessed on active duty.

2.  The applicant states she entered active duty in July 2011 as a Gynecologic Oncology Fellow and member of the Obstetrics-Gynecology (OBGYN) staff.  She further states that upon her entry on active duty, she should have been eligible for both the MASP ($15,000.00) and the ISP ($31,000.00); however, her creditable years of service was erroneously entered as "0" by the finance department, when in actuality she should have been credited with the 4 years she served as an OBGYN resident beginning in 2007, as stated on her active duty orders.

3.  The applicant provides:

* Orders A-05-109165, issued by the U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 3 May 2011
* Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Military Leave and Earnings Statement)
* State of New Jersey Certificate of Marriage
* A memorandum from the Military Personnel Division, U.S. Army Garrison Fort Detrick Army Element Walter Reed National Military Medical Center, Bethesda, MD, subject: Name Change (R-----, S-----  1xx-6x-5xxx), undated
CONSIDERATION OF EVIDENCE:

1.  According to data obtained from the Department of the Army, Office of the Surgeon General, Falls Church, VA, the requested 4 years of creditable service has been properly granted, annotated, and compensated by DFAS.  There is no further action required for this portion of the applicant's request; therefore, it will not be discussed further in this Record of Proceedings.

2.  The applicant was awarded the following degrees:

* On 4 June 2000, the applicant was awarded a Bachelor of Science degree in Neuroscience from Lehigh University, Bethlehem, PA
* On 28 July 2001, she was awarded a Master of Science degree in Biomedical Sciences from Barry University, Miami Shores, FL

3.  On 4 March 2004, she executed an oath of office and she was appointed as a Reserve commissioned officer of the Army in an unassigned branch in the rank/grade of second lieutenant (2LT)/O-1.

4.  On 18 May 2007, upon completion of medical school, she was awarded a Doctor of Medicine degree from Drexel University, Philadelphia, PA.

5.  On 1 July 2007, she began her OBGYN residency at Mount Sinai Hospital School of Medicine, New York, NY.  On 15 June 2011, she completed her residency program of instruction.

6.  On 5 July 2011, she entered active duty at the Walter Reed National Military Medical Center, Bethesda, MD, where she currently serves.

7.  Orders Number 273-002, issued by HRC, Fort Knox, dated 30 September 2011, announced her promotion to the rank/grade of captain (CPT)/O-3, and adjusted her date of rank to 5 July 2007 – 4 years prior to her entry date on active duty.

8.  On 4 June 2012, she completed a Request for MASP for the period 5 July 2012 through 4 July 2013.

9.  Her record is void of documentation showing she executed an MASP agreement for the period 5 July 2011 through 4 July 2012.  Her record is void of documentation showing she executed an ISP agreement at any time following her entry on active duty.

10.  In the processing of this case, on 20 August 2012 an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General, Falls Church, VA.  This official stated:

	a.  A review of the applicant's military pay file indicates payment of only one MASP agreement for $15,000/year effective 5 July 2012 through 4 July 2013.

	b.  There is no record of ISP agreements being received by the command or paid.

	c.  Although the officer must bear responsibility for her part of the agreement eligibility criteria, execution, and submission, the outstanding MASP and ISP agreements for the periods requested can be supported based on time served and the extenuating circumstance of the officer not being aware of or counseled as to eligibility.

	d.  In order to correct the situation within established policies and procedures, recommend payment of a retroactive MASP agreement at $15,000.00 per year effective 5 July 2011 through 4 July 2012.  This payment must be processed by DFAS – Indianapolis (DFAS-IN).

	e.  In order to correct the situation within established policies and procedures, recommend the officer immediately execute and submit a retroactive ISP agreement at $31,000.00 per year effective 1 October 2011 through 9 September 2012.

11.  On 20 August 2012, a copy of the advisory official was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

12.  Title 37, U.S. 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 (MC) 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 $15,000.00 (less taxes) for a 1-year active duty obligation that can be served concurrently with all other obligations.

13.  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.

14.  Title 37, U.S. Code, section 302, states that an officer of the MC of the Army or the Navy, or an officer of the Air Force designated as a medical officer, and who is on active duty under a call or order to active for a period of not less than
1 year, is entitled to special pay in accordance with this subsection.  Subsection 5(b), paragraph (1) states that subject to subsection (c) and paragraph (2) and under regulations prescribed under section 303a(a) an officer may be paid ISP for any 12-month period during which the officer is not undergoing medical internship or initial residency training.  The amount of ISP paid to an officer under this subsection may not exceed $50,000.00 for any 12-month period.

15.  Volume 7A, chapter 5, section 050301, of the Department of Defense Financial Management Regulation states that to be eligible for ISP a medical officer must be below the grade of O-7; have a current, valid, unrestricted license or approved waiver; have completed specialty qualification before 1 October 2008; and execute a written agreement to remain on active duty for a period of not less than 1 year beginning on the date the officer accepts the award of ISP.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record does not indicate she submitted a request for MASP for the period 5 July 2011 through 4 July 2012, despite her entitlement to do so.

2.  The Chief of the AMEDD Special Pay Branch supports payment of the outstanding MASP entitlement for the period requested based on time served and the extenuating circumstance of the applicant not being aware of or counseled as to eligibility.

3.  The applicant is eligible for receipt of MASP in the amount of $15,000.00 for the period 5 July 2011 through 4 July 2012.  Accordingly, her records should be corrected to show entitlement to this pay.

4.  The available evidence indicates the applicant was eligible for ISP commencing on 1 October 2011, but she did not execute the ISP agreement.

5.  The advisory official confirms she was entitled to ISP in the amount of $31,000.00 for the period 1 October 2011 through 30 September 2012.  Therefore, her records should be corrected to provide her that payment.

6.  In view of the foregoing, it would be appropriate to correct her records to show she executed the appropriate written agreement to receive ISP in the amount of $31,000.00 for the period 1 October 2011 through 30 September 2012.

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:

* showing she entered into an MASP contract for the period 5 July 2011 through 4 July 2012
* paying her retroactive MASP in the amount of $15,000.00 in accordance with her contract for the period 5 July 2011 through 4 July 2012
* showing she requested payment of ISP in the amount of $31,000.00 for the period 1 October 2011 through 30 September 2012
* showing her MASP/ISP contracts were timely received and processed by DFAS
* paying her ISP at the rate of $31,000.00, less deductions, for the period 
1 October 2011 through 30 September 2012



      ____________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



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ABCMR Record of Proceedings (cont)                                         AR20120012638



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