IN THE CASE OF:
BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130007301
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 his Incentive Special Pay (ISP) and Medical Additional Special Pay (MASP) for the period 1 July 2011 to 30 June 2012.
2. The applicant states he never received his contract nor his payment for the ISP and MASP. He holds area of concentration 60A (Operational Medicine). He received the contract and payment for the fiscal year starting on 1 July 2012 and ending on 30 June 2013 but not the previous fiscal year.
3. The applicant provides did not provide any evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was appointed as a U.S. Army Reserve Medical Corps commissioned officer and executed an oath of office on 14 March 2002. He currently holds the rank of major.
2. An email, dated 1 May 2013, from the Defense Finance and Accounting Services (DFAS), Indianapolis, IN, confirmed the applicant received his ISP payment of $15,000 on 26 July 2011.
3. An advisory opinion was obtained on 10 June 2013 from the Special Pay Branch of the Office of the Surgeon General (OTSG) in the processing of this case. The advisory official stated:
a. The applicant is requesting a retroactive payment of a 1-year MASP contract at $15,000/year effective 20110701-20120630, and 1-year ISP contract at $28,000/year effective 20111001-20120930. He claims he never received payment of either contract.
b. An officer 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 he had executed and was paid the 1-year MASP contract of $15,000/year effective 20110701-20120630, and it is visible on his Leave and Earnings Statement (LES) of July 2011 as entitlement $15,000 with deduction (paid direct deposit to bank) $10,500 after withholdings. He supplied an ISP contract that is effective 20121001. There is no record of the 1-year ISP contract at $28,000/year effective 20111001-20120930 being executed, received, filed, or paid.
d. He had executed and was paid the 1-year MASP contract of $15,000/year effective 20110701-20120630, and it is visible on his July 2011 LES as entitlement $15,000 with deduction (paid direct deposit to bank) $10,500 after withholdings. No action required. He was eligible for the requested 1-year ISP contract of $28,000/year effective 20111001-20120930, and by him presenting the missing unpaid contract as part of this request, it would be appropriate for payment as directed by Board decision.
4. A copy of this advisory opinion was provided to the applicant on 13 June 2013 but he did not respond.
DISCUSSION AND CONCLUSIONS:
1. An audit of the applicant's pay records revealed he has already been paid the MASP at the rate of $15,000/year and this amount was posted to his July 2011 LES. Therefore, no action is required with regard to his MASP as this payment has already been made.
2. The available evidence supports the applicantÂ’s contention that he was not properly paid his ISP at the rate of $28,000/year. He provided a contract and he has performed his service. It does not seem reasonable that a rational person would intentionally fail to submit an application for ISP, knowing that he would lose an annual payment of $28,000.00 per year. The applicant clearly entered into an agreement for ISP for the period from 1 July 2011 through 30 June 2012. Therefore, his record should be corrected to show that he did so and authorize him appropriate payment accordingly.
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:
* showing he entered into an ISP contract for the period covering 1 July 2011 through 30 June 2012
* paying him retroactive payment of ISP in accordance with his contract for the entire period covering 1 July 2011 through 30 June 2012, in the total amount of $28,000 less any taxes
_______ _ __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) AR20130007301
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130007301
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140010787
She indicates she graduated from the Urology residency on 1 July 2012; however, the supporting Human Resources office failed to supply the required contracts for execution and payment. There is no record of created, executed, processed, or paid MASP or ISP contracts for the period 20120701-20130630. d. An officer 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...
ARMY | BCMR | CY2014 | 20140008503
The record is void of documentation showing he executed Medical Additional Special Pay (MASP) or Variable Special Pay (VSP) agreements for the periods 1 October 2011-30 September 2012 and 1 October 2012-30 September 2013. For Army MC Officers (Physicians), these special pays are: 1) VSP which is paid to all MC Officers monthly upon entry on active duty; 2) BCP which is paid monthly to all board certified MC Officers based upon their date of board certification and their creditable service...
ARMY | BCMR | CY2014 | 20140001443
The applicant requests payment of board certification pay (BCP) for the period January 2012 to October 2012. On 7 March 2014, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of the Surgeon General. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she is authorized to receive BCP pay for the 9-month period of 1 January 2012 to 30 September 2012.
ARMY | BCMR | CY2012 | 20120012638
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. On 4 June 2012, she completed a Request for MASP for the period 5 July 2012 through 4 July 2013. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2013 | 20130012336
c. Although the applicant was eligible for the 1-year ISP contract at $20,000 and the 1-year MASP contract at $15,000, both with the same effective dates, he indicates he was deployed and not able to request and execute his contracts by signature in a timely manner. d. The advisory opinion recommended that the applicant's ISP and MASP contracts be changed to show an effective period from 1 October 2012 to 30 September 2013. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2014 | 20140012556
The applicant provides * Active duty commissioning agreement * Self-authored memorandum to the Defense Finance and Accounting Service (DFAS) and this Board * Orders A-07-019747 (active duty) and amendments * DD Form 214, ending on 30 June 2014 * Request for Unqualified Resignation * Approval of unqualified resignation * Orders 024-0009 (release from active duty) * June 2014 LES * Breakdown of her debt * Bonus recoupment worksheet * Email exchange with her assignment officer * Printout of...
ARMY | BCMR | CY2001 | 2001052224C070420
There is no evidence in the records available to the Board that the applicant executed an annual contract for MASP for the period 1 July 1999 through 30 June 2000 or executed an annual contract for Incentive Special Pay (ISP) for the period 1 October 1999 through 30 September 2000. This message establishes, among many requirements, the specialties eligible for and rates for special pays, active duty obligations, contractual requirements, and the Department of the Army policies governing the...
ARMY | BCMR | CY2013 | 20130006209
The applicant requests Medical Additional Special Pay (MASP) for the period 1 July 2012 through 30 June 2013. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2014 | 20140007996
Counsel requests correction of the applicant's records to show he is authorized payment of MASP in the amount of $15,000.00 for 2012 and ISP in the amount of $36,000.00.00 for 2012 with interest. An advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of the Surgeon General (OTSG), dated 12 June 2014, in the processing of this application. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2013 | 20130010868
The applicant states his Army finance records and personal bank statements show that he did not receive the MASP military physician bonus during the years 2007 and 2008. There is no record of annual MASP contracts at $15,000.00 per year effective 1 July 2007 and 1 July 2008 being requested during the same period these multi-year contracts were being signed. He served for 30 years as a medical officer and during this time he would have signed numerous MASP bonuses.