IN THE CASE OF:
BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130012336
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 military records to show he contracted for Medical Additional Special Pay (MASP) and Incentive Special Pay (ISP) with an effective date of 1 October 2012.
2. The applicant states, in effect, that he was deployed to Afghanistan when his last MASP/ISP contracts expired on 30 September 2012. He was unaware they had expired and he was not informed. He is requesting that his contracts be backdated with an effective date of 1 October 2012 with retroactive pay. He will sign new contracts for the upcoming periods as soon as the date has been corrected.
3. The applicant provides copies of:
* Memorandum, Subject: Assumption of Command, dated 13 June 2013
* MASP and ISP contracts effective 20 June 2013
* Registration Certificate to practice as a physician in New York State through 30 June 2015
CONSIDERATION OF EVIDENCE:
1. At the time of the applicant's application, he was serving in the Regular Army as a lieutenant colonel, pay grade O-5, at the Weed Army Community Hospital, Fort Irwin, California.
2. Records show the applicant signed contracts for:
a. MASP for one continuous year effective 20 June 2013; and
b. ISP for one continuous year effective 20 June 2013.
3. In the processing of this case a staff advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch, Office of The Surgeon General (OTSG).
a. The opinion stated that a review of the applicant's military pay file shows the following recent contracts:
* A 1-year ISP contract at $20,000 per year from 20 June 2013 to
19 June 2014
* A 1-year MASP contract at $15,000 per year from 20 June 2013 to
19 June 2014
b. The applicant must bear responsibility for his part of the contract preparation, to include inquiry as to 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, effective date must be reestablished as date of signature. All contracts outside of the policy for signature date or received outside of the funded fiscal year, are returned without action.
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. The OTSG noted that this was only a change in dates which did not affect the amount of payments.
4. On 6 August 2013, a copy of the advisory opinion was forwarded to the applicant for his information and opportunity to respond.
5. On 21 August 2013, the applicant responded to the advisory opinion. He was disappointed at the recommendation stating a change in the dates did not cause any change to the payment of the ISP or MASP.
DISCUSSION AND CONCLUSIONS:
1. The opinion rendered by the OTSG clearly states the applicant was fully qualified and eligible for the ISP and MASP during the period requested. Apparently the applicant was unable to execute ISP and MASP agreements in a timely manner due to being deployed. Accordingly, the dates of his contracts should be adjusted to show the effective period for each contract as 1 October 2012 to 30 September 2013.
2. There is no change in the payment amounts because the contracts remain in effect for the same length of time. This change prevents the applicant from losing pay for the period 1 October 2012 to 19 June 2013.
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 the applicant entered into ISP and MASP contracts for the period
1 October 2012 to 30 September 2013.
_______ _ _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) AR20130012336
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