BOARD DATE:	  3 April 2014

		DOCKET NUMBER:  AR20140000867 


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 payment of a retroactive 1-year Medical Additional Special Pay (MASP) at $15,000.00 per year for 2012.

2.  The applicant states his MASP contract was never processed by Human Resources (HR) during a period they were waiting for an extension on active duty.

3.  The applicant provides:

* 2 letters
* 13 memoranda
* 5 pages of electronic mail correspondence 

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted naval service, the applicant was appointed as a Reserve commissioned officer in the rank/grade of lieutenant colonel/O-5 on 15 May 2009.

2.  The applicant requested and was approved for MASP in the amount of $15,000.00 on:

   a.  17 August 2009, for agreeing to remain on active duty for a period of one year beginning 3 August 2009;

   b.  26 May 2010, for agreeing to remain on active duty for a period of one year beginning 3 August 2010; 
   
   c.  8 July 2011, for agreeing to remain on active duty for a period of one year beginning 1 July 2011; and
   
   d.  13 September 2013, for agreeing to remain on active duty for a period of one year beginning 3 August 2013. 

3.  In the processing of this case, on 4 March 2014, an advisory opinion was received from the Chief of the Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General (OTSG).

4.  The advisory official stated:

   a.  A review of the applicant's records indicates he had executed and received payment for annual MASP contracts at $15,000.00/year effective 3 August 2010, 3 August 2011, and 3 August 2013.  There was no record of a created, executed, processed, or paid MASP effective 3 August 2012.

   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 the policy for signature date or received outside the funded fiscal year, are returned without action.
   
   c.  The officer was eligible for a 1-year MASP contract at $15,000.00/year for the period 3 August 2012 through 2 August 2013.  He had executed multi-year contracts encompassing this same period (1 June 2012 through 31 May 2015); therefore, the requested MASP contract may have been locally delayed or misplaced during this period and would be authorized for payment if processed in a timely manner.
   
5.  On 5 March 2014, the applicant was provided with a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  

6.  On 17 March 2014, the applicant responded stating:

   a.  When he arrived at Tripler Army Medical Center in August 2009, he negotiated his contract with the Army for a period of three years which included his MASP document.  He diligently signed his MASP document yearly; however, he was deployed to Iraq in 2011 and had his spouse, LTC R__ S__, sign his MASP for him.  In 2012, his mandatory retirement date was extended for three years.  He renegotiated his three-year contract in 2012 and was under the understanding that his MASP was signed at the time along with all the other agreements as was performed in 2009 when he initially signed all of his agreements.

   b.  When he went to HR to sign his 2013 MASP documents, he discovered he had not received his 2012 MASP.  He inquired and was told by HR that he had never signed it.  He finds it hard to believe that he did not sign the document; however, he does not have a copy of it.  The reason it was overlooked is because his spouse was deployed most of 2012.  They have a joint account and her increase in pay from deployment simply appeared to them as the MASP from 2012.
   
   c.  The bottom line is that either the signed document in 2012 never made it out of HR or he made the mistaken assumption that he had signed it and clearly did not discover it until later.  He had been diligent in all his affairs with the Army and continues to be.  He is a physician and knows how easy mistakes can be made.  At the end of the day, he understands that he has to bear the burden of blame. 

7.  Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provides for multi-year retention bonuses and 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 $15,000.00 (less taxes) for a 1-year active duty obligation that can be served concurrently with all other obligations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for payment of a retroactive 1-year MASP at $15,000.00 per year effective 3 August 2012 through 2 August 2013 has been carefully considered and found to have merit.

2.  The Chief, AMEDD Special Pay Branch, has opined that the applicant was eligible to execute a 1-year MASP at $15,000.00 per year effective 3 August 2012 through 2 August 2013.

3.  Based on equity considerations in this case, the applicant is entitled to execute a retroactive 1-year MASP contract for MASP and payment of any arrears due.
4.  In view of the foregoing, the applicant's record should be corrected as recommended below.

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:

	a.  showing the applicant entered into a 1-year MASP contract for $15,000.00 per year, effective 3 August 2012 through 2 August 2013;

	b.  showing the appropriate office timely received and processed the approved contract through the AMEDD Special Pay Branch, OTSG; and

	c.  paying him any monies due as a result of these corrections.



      _______ _   _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)                                         AR20140000867





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140000867



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1