IN THE CASE OF:
BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20130013768
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 her Medical Additional Special Pay (MASP) date be adjusted to 16 August 2013 (i.e., 2012).
2. The applicant states she resigned from her residency program at that time and was unable to complete the contract due to lack of communication with the clerk that prepares the pay.
3. The applicant provides:
* her resignation from the Anesthesiology Residency Program at San Antonio Uniformed Services Health Education Consortium (SAUSHEC), San Antonio, TX
* her request for MASP, dated 10 April 2013
* DA Form 4187, dated 16 November 2012
* Army Medical Department (AMEDD) Special Pay printout
CONSIDERATION OF EVIDENCE:
1. She previously completed 5 years, 3 months, and 11 days of enlisted service in the U.S. Army Reserve (USAR). She was commissioned as second lieutenant in the USAR on 24 July 2006. On 9 June 2010, she was commissioned as a captain in the Regular Army Medical Corps. She is currently serving on active duty.
2. On 14 August 2012, she submitted her resignation from the SAUSHEC Anesthesiology Residency Program.
3. On 1 April 2013, she signed a 1-year MASP contract at $15,000 effective
1 April 2013.
4. In the processing of this case, an advisory opinion, dated 6 September 2013, was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General, Falls Church, VA. This official stated:
a. The applicant was requesting her MASP contract effective date of 1 April 2013 be corrected to an effective date of 16 August 2012, the day she resigned from her residency training program.
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 her special pay and finance records indicates she has a 1-year MASP contract at $15,000/year effective 1 April 2013. There are no other contractual special pays.
d. Policy dictates upon completion or resignation from an initial residency training program, an officer would be eligible to execute by signature an MASP contract. According to a Medical Operational Data System (MODS) Active Duty (AD) Obligation Worksheet (attached), she was formally released from her residency program in anesthesiology on 24 August 2012. Therefore, she would be eligible for the MASP contract 25 August 2012.
e. She was eligible for the 1-year MASP contract at $15,000/year effective
25 August 2012. Therefore, recommend her current MASP contract effective
1 April 2013 be adjusted to 25 August 2012. This is a date adjustment only and no additional payment is authorized.
5. On 10 September 2013, a copy of the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal. She did not respond.
6. Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provide for multi-year retention bonuses and special pays for medical officers and health professionals of the armed forces. For Army Medical Corps (MC) 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 $15,000.00 (less taxes) for a 1-year active duty obligation that can be served concurrently with all other obligations.
7. 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. She was not eligible for MASP while attending a residency program. However, she submitted her resignation from the SAUSHEC Anesthesiology Residency Program on 14 August 2012. According to the MODS AD worksheet she was formally released from the program on 24 August 2012. Therefore, she was eligible for the MASP contract on 25 August 2012.
2. In view of the above, it would be appropriate to adjust her MASP contract effective date to 25 August 2012. This is a date adjustment only and no additional payment is authorized.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she entered into her MASP contract on 25 August 2012.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing her MASP date to 16 August 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) AR20130013768
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