IN THE CASE OF: 

		BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20140001326 


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 Medical Additional Special Pay (MASP)) in the amount of $15,000 for the periods 15 October 2011 through 14 October 2012 and 15 October 2012 through 14 October 2013.

2.  The applicant states:

	a.  He is a Medical Corps (MC) officer and Chief of Pediatrics, Tripler Army Medical Center (TAMC), HI.  He served on active duty for 9 years from 1984 to 1993 and then as a Reservist from 1993 to 2007.  He reentered active duty in 2007 in the rank/grade of colonel (COL)/O-6.  

	b.  In 2007, he signed a 4-year multi-year MASP contract.  He updated the contract in 2008 and was deployed in support of Operation Iraqi Freedom in 2009.  He updated the 4-year multi-year contract again in 2010.  He assumed since he had updated the 4-year contract, he did not have to go to the local human resources (HR) office to sign the MASP every year as he had received the pay every year between 2007 and 2010.

	c.  In 2011, he was notified he had to go to the HR office to sign another contract.  He informed HR that he had already signed the multi-year MASP and it was his understanding that he did not have to sign anything at that time.  Therefore, he did not sign the MASP in 2011 for the 2011 to 2012 MASP or in 2012 for the 2012 to 2013 MASP.  This week he went to HR to inquire about the special pay and he was informed that he was due MASP for the last 2 years.  He does not believe that this was unjust, but just an error in communication.
3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was serving in the U.S. Army Reserve as a MC officer and he was ordered to active duty on 15 October 2007 in the rank of COL.  

2.  During the period from 15 October 2011 to the present he served as the Chief of Pediatrics, TAMC, HI.  During this period he maintained his credentials and privileges in pediatrics.

3.  In the processing of this case an advisory opinion, dated 18 April 2014, was obtained from the Special Pay Branch of the Office of the Surgeon General.  The advisory official stated the applicant indicated that since he signed a multi-year contract he did not understand he also had to sign for the annual MASP contract. 

	a.  A review of special pay and finance records indicate the applicant executed contracts and received annual MASP in the amount of $15,000 per year effective 15 October 2007, 15 October 2008, 15 October 2009, and 15 October 2010.  There was no record of a created, executed, processed or paid MASPs effective 15 October 2011 or 15 October 2012, and, as of the date of the advisory opinion, the 15 October 2013 MASP contract had not been received for processing.

	b.  Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting contract be initiated, and executing the contract by signature up to 90-days in advance or within 30-days after the effective date; otherwise the effective date must be reestablished as the date of signature.  All contracts executed outside the funded fiscal year are returned without action.

	c.  The applicant had executed multi-year contracts encompassing the period 1 October 2010 to 30 September 2014; therefore, he may not have understood the need for the annual MASP contracts even when prompted by the HR office.  The applicant was eligible to execute annual MASP contracts at $15,000 per year effective 15 October 2011 and 15 October 2012; time since served.

4.  On 22 April 2014, the applicant was provided a copy of the advisory opinion.  In a response dated 29 April 2014, he stated:

	a.  Regarding his failure to sign MASP contracts for 2 years, it is counterintuitive that an MASP agreement must be signed every year.  As an MC officer, special pay included variable special pay (VSP), board-certification pay, MASP, and either incentive special pay or multi-year special pay.  Once board-certified, board-certification pay appears in his check without him having to redo a contract every year and it is the same for VSP.

	b.  The MASP contract states that "I have been selected for or authorized continued entitlement to MASP."  In addition, the condition of the agreement is that he agrees to serve for 1 continuous year.  So if he already has a valid contract to serve 1, 2, or 3 more years, it defies common sense to think he would have to sign another document stating he will abide by his contract.  He feels like a dunce for missing these years of MASP and it is ironic that he has left this much money on the table for the very years that he had the most responsibility and worked the longest hours outside of deployment.  

5.  MASP is paid annually to MC officers who are not participating in internship or initial residency training.  Possession of a current, unrestricted license, or an approved Department of Defense waiver issued under the provisions of Army Regulation 40-68 with applicable interim changes.  The license or waiver must be maintained during the period of the MASP agreement to eligibility.  Entitlement to pay is contingent upon execution of a legally binding written agreement to remain on active duty for 1 year beginning on the effective date of the agreement.  Annual rate regardless of years of creditable service is $15,000 per year.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports the applicant’s contention that he thought he completed the required agreement for MASP and he did not know he had to submit an application each year.  It does not seem reasonable that a rational person would knowingly not submit an application for MASP, knowing he would lose $15,000 per year.

2.  The available evidence clearly shows he was authorized to enter into an agreement for MASP for the period 15 October 2011 through 14 October 2012 and 15 October 2012 through 14 October 2013.  Therefore, his records should be corrected to show that he did so.








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 he timely entered into an MASP contract for the periods 15 October 2011 through 14 October 2012 and 15 October 2012 through 14 October 2013
* paying him retroactive MASP in accordance with his contracts for the periods 15 October 2011 through 14 October 2012 and 15 October 2012 through 14 October 2013 in the amount of $15,000 per year (the total amount of $30,000)



      _______ _   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)                                         AR20140001326



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ABCMR Record of Proceedings (cont)                                         AR20140001326



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