IN THE CASE OF:	  

		BOARD DATE:	  8 August 2013

		DOCKET NUMBER:  AR20130006209 


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) for the period 1 July 2012 through 30 June 2013.

2.  The applicant states:

	a.  MASP is an annual contract signed by military physicians as a special bonus.

	b.  he was stationed at Fort Belvoir Hospital from 1 July 2011 to July 2012.  He was selected for a sponsored fellowship at Stanford University for Sports Medicine for the period August 2012 to August 2013.

	c.  the MASP contract for 2012/2013 was signed on 6 July 2012.  He departed Fort Belvoir on 11 July 2012 and he did not receive any further communication from Fort Belvoir.  In January 2013, he was notified that the MASP was not processed.  The MASP contract was rejected due to the timing of his change of command.  Fort Belvoir only attempted to contact him through his medical unit email address despite the fact that once he was out of that unit he would not have access to communications sent to that email address.  He did not receive any notification through his AKO email, civilian email, or by phone.

	d.  a new MASP contract was signed on 23 January 2013.  However, his current unit administrator cannot process a new MASP contract and needs to have the contract effective date corrected to his previous contract date (6 July 2012).
3.  The applicant provides:

* Original MASP contract
* New MASP contract
* Emails
* DA Form 31 (Request and Authority for Leave)

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of major.

2.  He provides an MASP contract at $15,000.00 per year effective 1 July 2012 to 30 June 2013, executed on 6 July 2012, without approval authority authorization.

3.  In the processing of this case, on 17 June 2013, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of The Surgeon General.  The advisory official states:

	a.  the applicant is requesting retroactive payment of the supplied 1-year MASP contract at $15,000.00 per year for the period 1 July 2012 through
30 June 2013, initially executed by signature on 6 July 2012, but not approved by the commander.  He indicated numerous issues and extenuating circumstances that arose in attempting to have the contract processed.

	b.  officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting contract to be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after effective date; otherwise, effective date must be reestablished as date of signature.  All contracts executed outside of the policy for signature date or received outside the funded fiscal year, are returned without action.

	c.  a review of special pay and finance records indicate his initial annual MASP contract at $15,000.00 per year was for the period 7 July 2011 through
30 June 2012.  There are no other MASP contracts processed.

	d.  he was eligible for the supplied 1-year MASP contract at $15,000.00 per year for the period 1 July 2012 to 30 June 2013, executed by signature on 6 July 2012 but lacking commander approval.

	e.  authorization would be as directed by the Board's decision.


4.  On 18 June 2013, the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

5.  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 are:

	a.  Variable Special Pay that is paid to all Medical Corps officers monthly upon entry on active duty;

	b.  Board Certification Pay that is paid monthly to all board-certified Medical Corps officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date;

	c.  MASP that 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;

	d.  Incentive Special Pay (ISP) that is paid based on a variable rate to selected Medical Corps officers who hold the specialties eligible to receive this pay for a1-year active duty obligation that may be served concurrently with all other obligations; and

	e.  Multiyear Special Pay that is paid based on execution of a contract for
2, 3, or 4 years of active duty to selected Medical Corps officers based on their specialty.  This pay is authorized concurrently with MASP and ISP.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant executed a 1-year MASP contract at $15,000.00 per year for the period 1 July 2012 through 30 June 2013, but the contract was not approved by the approval authority.

2.  The advisory opinion points out he was eligible to execute a 1-year obligatory MASP for $15,000.00 per year for the period 1 July 2012 through 30 June 2013.

3.  Based on the foregoing, it would be equitable to correct the applicant's record to show he executed an MASP contract for the period 1 July 2012 through
30 June 2013 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 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 executed an MASP contract for the period 1 July 2012 through 30 June 2013;

	b.  showing the MASP contract was timely received and processed by the appropriate office; and

	c.  paying him any monies due as a result of the above corrections.



      ___________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)                                         AR20130006209



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ABCMR Record of Proceedings (cont)                                         AR20130006209



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