IN THE CASE OF:
BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20130005430
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 retroactive payment of Medical Additional Special Pay (MASP) for the period covering 1 July 2011 to 30 June 2012 in the amount of $15,000.00.
2. The applicant states when he signed up for the 4-year Medical Service Pay (MSP) he was told he did not need to sign any other contracts to receive his bonus pays which included the MASP. He believed what he was told because it made sense that the MASP would be automatic because he had just signed up for 4 more years. However, checking his leave and earnings statement, finance, and the special pay section he discovered he did not get his MASP.
3. The applicant provides no additional documentary evidence.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving in the Regular Army as a lieutenant colonel, pay grade O-5, at the Walter Reed National Military Medical Center. He is a board certified Anesthesiologist.
2. Records show the applicant signed contracts for MASP with effective dates of 1 July 2010, 1 July 2012, and 1 July 2013.
3. 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 opinion stated that a review of the officer's military pay file indicated no record of an MASP agreement submitted for 2011.
b. Although the applicant must bear responsibility for his part of the agreement request, execution, and submission, the outstanding MASP agreements for the period requested is based on time served. Furthermore, he met all requirements to include possession of a current, valid, unrestricted license during the period requested.
c. The applicant is eligible for receipt of the served one-year obligatory MASP agreement for $15,000.00/year for the period 1 July 2011 to 30 June 2012.
d. The OTSG noted that the Director, Defense Finance and Accounting Service (DFAS) may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the Army Board for Correction of Military Records.
4. On 15 May 2013, a copy of the advisory opinion was forwarded to the applicant for his information and/or possible rebuttal. He responded by email on the following day stating that he had nothing to add but was available should he be needed to help clarify this issue.
DISCUSSION AND CONCLUSIONS:
1. The opinion rendered by the OTSG clearly states that the applicant was fully qualified and eligible for the MASP during the period requested. Apparently the applicantÂ’s failure to execute an MASP agreement was the result of his misunderstanding the proper procedures. Accordingly, he should be paid for the service that he performed in accordance with an MASP agreement.
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 an MASP contract for the period 1Â July 2011 to 30 June 2012; and
b. paying him retroactive payment of MASP, in accordance with that contract, for the respective period covered, in the amount of $15,000.00.
_______ _ 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.
ABCMR Record of Proceedings (cont) AR20130005430
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