IN THE CASE OF:	  

		BOARD DATE:	    13 August 2013

		DOCKET NUMBER:  AR20130008949 


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 his record to show he executed an agreement for medical additional specialty pay (MASP) with an effective cycle date beginning on 22 July 2011 vice 1 October 2011.

2.  The applicant states he is requesting that the timing of his MASP distribution be changed from October to July in accordance with typical practice.  He was in the Health Professions Scholarship Program and did residency training in the civilian sector and completed training in June 2011.  He came on active duty in July 2011.  During his assimilation and orientation process to active duty and Germany he was not aware that a contract had to be signed for MASP.  His sponsor and officer-in-charge likely assumed he knew.  He was not informed until August at which point he initiated the contract process.  The initial document submission had errors including assigning him as a dentist rather than as an orthopedic surgeon.  A new contract had to be resubmitted late, was delayed in approval, and a disbursement date of October was assigned to the bonus.  It is his understanding that the majority of Medical Command providers receive their MASP in July and that this is the typical practice.  Since his disbursement date upon entry on active duty had to be modified due to human error rather than irregular training dates, he respectfully requests that consideration be given to allow his MASP disbursement date be changed to July.

3.  The applicant provides a memorandum for Chief, Special Pay Branch, Office of the Surgeon General (OTSG), subject: Request for MASP, dated 
21 September 2011.

CONSIDERATION OF EVIDENCE:

1.  On 4 June 2006, he was appointed as a commissioned officer in the U.S. Army Reserve, in the rank/grade of captain/O-3, Medical Corps.  

2.  At the time of his application to the Board he was serving on active duty in Afghanistan.

3.  His records show he completed residency training in orthopedic surgery during the period 1 July 2007 to 30 June 2011.

4.  He provides documentation showing he executed an MASP agreement for the period 1 October 2011 through 30 September 2012.  

5.  A review of his record shows he executed an MASP agreement for 1 October 2012 through 30 September 2013.

6.  In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, OTSG, Falls Church, VA, dated 12 June 2013.  This official stated that the applicant was requesting an adjustment of his annual MASP contract at $15,000/year from an effective date cycle of 1 October to 22 July.  The applicant had indicated he was not properly advised of his eligibility upon entry on active duty and contract execution was delayed until the beginning of the fiscal year.

	a.  Officers who successfully complete their residency training program are authorized to execute their annual MASP contract the day after graduation (normally 1 July), or upon entry on active duty, whichever is later.  A review of the applicant's military personnel and pay files indicate an accession date of 22 July 2011 and annual MASP contracts at $15,000/year effective 1 October 2011 and 1 October 2012.

	b.  The applicant was eligible to execute a 1-year MASP contract at $15,000/year effective 22 July 2011 and 22 July 2012; however, execution was delayed due to improper notification.  The OTSG official recommended that the applicant's effective date cycle be "overlaid," changing 1 October 2011 to 22 July 2011, and 1 October 2012 to 22 July 2012 in both the applicant's personnel and finance records.  The official stated this is an administrative action only and no payments are required.

7.  The advisory opinion was forwarded to the applicant to allow him the opportunity to submit comments.  He did not respond.

8.  Title 37, U.S. Code, Section 302, provides for special pays for medical officers and health professionals of the armed forces.  For Army Medical Corps 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 (less taxes) for a one-year active duty obligation that can be served concurrently with all other obligations.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed an MASP agreement for annual periods beginning 1 October 2011 and 1 October 2012.  However, it appears he was unaware that he met all of the requirements to fulfill such an agreement for annual periods beginning 22 July 2011.

2.  The AMEDD Special Pay Branch supports adjusting the effective dates of his cycle to 22 July 2011 and 21 July 2012.

3.  As a matter of equity, it would be appropriate to amend the applicant’s record to show the effective (cycle beginning dates) of his MASP agreement as 22 July 2011 and 22 July 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 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 amending the effective cycle dates for the MASP contracts he entered into to show 22 July 2011 and 22 July 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)                                         AR20130008949



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ABCMR Record of Proceedings (cont)                                         AR20130008949



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