BOARD DATE:	  16 July 2013

		DOCKET NUMBER:  AR20130007106 


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 payment of a retroactive 4-year Multi-Year Special Pay (MSP) at $15,000.00 per year effective 1 July 2004 through 30 June 2008.

2.  The applicant states his original service obligation was completed in June 2004.  He was not informed of the opportunity for MSP during training and he was only made aware of it upon his arrival at Fort Bragg, NC in 2012.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer on 21 November 1995.

2.  On 21 January 2004, the applicant entered into a Training Agreement for Army Graduate Medical Education for training in a military facility in Radiology (Diagnostic) at Tripler Army Medical Center, HI, beginning on or about 1 July 2004 and scheduled to be completed on 30 June 2008.

3.  The applicant requested and was approved for Medical Additional Special Pay (MASP) in the amount of $15,000.00 on 14 May 2008 for agreeing to remain on active duty for a period of 1 year beginning 1 July 2008.


4.  In the processing of this case, on 14 May 2013, an advisory opinion was received from the Chief of the Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General (OTSG).

5.  The advisory official noted the applicant was petitioning for payment of a retroactive 4-year MSP at $15,000.00 per year effective 1 July 2004 through
30 June 2008.

6.  The advisory official stated eligibility for the MSP contract requires completion of all required education and training obligations or 8 years of creditable service from the officer's Health Profession Pay Entry Date.  The applicant was eligible for the requested 4-year MSP based on completion of his education and training obligations expiring on 30 June 2004, and prior to the start of his second residency.

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

8.  The advisory official further stated an annual entitlement type MASP contract or annual special recognition Incentive Special Pay (ISP) contract can be rationalized for a missing year due to deployment or other extenuating situations.  Based on the above discussion, it is more difficult to defend for the time served
8 years ago, a missing multi-year retention bonus while in a second residency; however, the applicant was eligible for the 4-year MSP at $15,000.00 per year effective 1 July 2004 through 30 June 2008.

9.  On 16 May 2013, the applicant was provided with a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

10.  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:  (1)  Variable Special Pay which is paid to all Medical Corps officers monthly upon entry on active duty; (2)  Board Certification Pay which 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; (3)  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; (4)  ISP which is paid based on a variable rate to selected Medical Corps officers who hold the specialties eligible to receive this pay for a 1-year active duty obligation that may be served concurrently with all other obligations; and (5)  MSP which 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.  The applicant’s request for payment of a retroactive 4-year MSP at $15,000.00 per year effective 1 July 2004 through 30 June 2008 has been carefully considered and found to have merit.

2.  The Chief, AMEDD Special Pay Branch, has opined that the applicant was eligible to execute a 4-year MSP at $15,000.00 per year effective 1 July 2004 through 30 June 2008.

3.  Based on equity considerations in this case, the applicant is entitled to execute a retroactive 4-year MSP contract for MSP and payment of any arrears due.

4.  In view of the foregoing, the applicant's record 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 4-year MSP contract for $15,000.00 per year, effective 1 July 2004 through 30 June 2008;

	b.  showing the appropriate office timely received and processed the approved contract through the AMEDD Special Pay Branch, OTSG; and

	c.  paying him any monies due as a result of these 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)                                         AR20130007106



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ABCMR Record of Proceedings (cont)                                         AR20130007106



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