IN THE CASE OF:

		BOARD DATE:  4 February 2014

		DOCKET NUMBER:  AR20130019288 


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, retroactive payment of Medical Officer Special Pay (MOSP) at the rate of $450 per month for his active duty periods from 14 September 1988 to 6 August 2005. 

2.  The applicant states that he recently discovered he has been entitled to MOSP for his entire career.  He was unaware of it, except for the period of 
three deployments.  This was corrected for the period from 7 August 2005 to the present.  He has exhausted all his available administrative remedies but has been unable to receive the MOSP for the period 14 September 1988 to 
6 August 2005.  He originally submitted an application to the Army Board for Correction of Military Records (ABCMR) on 24 September 2012; however, it was returned because he had not exhausted all administrative remedies through his state and finance offices.  He has now exhausted those remedies.

3.  The applicant provides copies of his:

	a.  11 January 2013 ABCMR letter with his original application;

	b.  25 July 2012 Defense Finance and Accounting Service (DFAS) letter with enclosures;

	c.  31 January 2012 Army National Guard Retirement Points History Statement;

	d.  Copies of his Master Military Pay Account (MMPA) and associated pay printouts;

	e.  Department of Defense Financial Management Regulation (DoDFMR) Volume 7A, Chapter 5, paragraph 0508:  Special Pay:  Reserve, Recalled, or Retained Health Care Officers, page 5-12; and

	f.  4 September 2013, National Guard Bureau (NGB), Office of the U.S. Property and Fiscal Officer for Minnesota, memorandum.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a U.S. Army Reserve Medical Corps (MC) captain (CPT) effective 14 September 1988.  

2.  He is an MC COL in the Minnesota Army National Guard (MNARNG). 

3.  A 25 July 2012 DFAS letter is in response to a DD Form 827 (Application for Arrears in Pay) in which the applicant requested payment for the MOSP at the rate of $450 per month for each month of active duty.  He claimed he was due payment of $4,740 for 316 active duty days.  The DFAS letter informed the applicant that they could only process the request if he had been separated for more than one year.  His Finance Office would have to process his request.

4.  A 4 September 2013 NGB, Office of the U.S. Property and Fiscal Officer for Minnesota, memorandum reveals that they are the applicant's Military Pay office and have exhausted all administrative remedies to correct the special pay due to the applicant.  They cannot make payments that go more than six years in arrears. 

5.  His record contains State of Minnesota Department of Military Affairs, Orders 089-800, dated 29 March 2012, showing he was authorized Special Assignment Proficiency Pay per DoD 7000.14R, Volume 7A, Chapter 5, effective 
14 September 1988.

6.  In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of the Surgeon General.  The official noted:
   

	a.  A review of available special pay and finance data indicates the applicant was authorized special pays as a mobilized Reserve Component (RC) officer as follows:

		(1) "Authorized 20090121-20090630 (34 INF MAARNG/IRAQI FREEDOM):  VSP $11,500/yr.; ASP $15,000/yr.; ISP $20,000/yr. (prorated payments for actual time served).

		(2) Authorized 20060130-20070130 (34 INF MNARNG/IRAQI FREEDOM):  VSP $12,000/yr.; BCP $2,500/yr.; ASP $15,000/yr.; ISP $13,000/yr. (prorated payments for actual time served).

		(3) Authorized 20031010-20041009 (34 ID(M) MNARNG/JOINT GUARDIAN):  VSP $5,000/yr.; BCP $2,500/yr.; ASP $15,000/yr.; ISP $13,000/yr. (prorated payments for actual time served)."

	b.  There are no other data bases available prior to the above entries to verify eligibility or authorization for special pay between 1988 through 2003; however, mobilized RC officers were not authorized special pay under Title 10, U.S. Code section 302g until 10 February 1996 (PL 104-106, section 614(a)(1)).

	c.  Advisory Opinion:  The applicant will need to provide substantiating documentation as to eligibility for special pay from the date of statute authority, 10 February 1996 through 9 October 2003, when first recorded as authorized.

7.  On 17 December 2012, a copy of the advisory opinion was forwarded to the applicant for information and to allow him an opportunity to submit comments or a rebuttal.  No response was received.

8.  On 22 January 2014, the Army Medical Department Special Pay Branch clarified special pay periods stating, there were no special pays authorized mobilized RC officers until 25 April 1991; special pay was authorized from      1991 – 2003 for mobilized RC officers; and special pay was authorized from 1980 – 2003 for non-mobilized RC officers.

9.  The DoDFMR Volume 7A, Chapter 5, paragraph 050801 provides guidance for special pay for Reserve, Recalled, or Retained Health Care Officers.  It states:  A Reserve medical officer described in paragraph 050101, and who has a current, valid, unrestricted license or approved waiver on active duty for less than 1 year is entitled to special pay at the monthly rate of $450 for each month 

of active duty for annual training, active duty for training, or active duty for special work.  The amount will be prorated for periods less than 1 month.  A member cannot receive any other type of medical pay under this provision.

DISCUSSION AND CONCLUSIONS:

1.  The applicant indicates his MOSP has been corrected for the period 7 August 2005 to present, but he has been unable to obtain payment for the period 
14 September 1988 to 6 August 2005.

2.  Orders show the applicant was "Awarded Special Assignment Proficiency Pay effective 14 September 1988"; however, the OTSG advisory official stated mobilized RC officers were not authorized special pay under Title 37 U.S. Code Section 302g until 10 February 1996 (PL 105-106 section 614 (a)(1)).

3.  It appears the advisory opinion may not have clearly understood what the applicant was requesting.  It appears he was requesting MOSP (he does not specify what type of MOSP) for his entire period of service and not just for his mobilized service.  Other than clarifying when special pays are authorized the advisory official has not responded to a request for an opinion concerning his specific request or what type of documentation would be required to confirm authorization for MOSP.

4.  There is insufficient evidence to grant the applicant’s relief at this time.  However, he is encouraged to contact the advisory office to obtain information on what types of MOSP he might have been eligible for and for what periods of time, and what type of documentation he would need to provide to support authorizing that MOSP, and to reapply to this Board when he obtains that information.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustices.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 



      _______ _  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)                                         AR20090016904



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ABCMR Record of Proceedings (cont)                                         AR20130019288



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