BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20140003634
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 his current Medical Additional Special Pay (MASP) contract effective 1 October 2013 be changed to 1 July 2013 based on his internship completion and assignment as a General Medical Officer (GMO).
2. He states:
a. he should receive MASP for fiscal year 2013 (FY13) because he's eligible for MASP since he's serving on a GMO tour.
b. he was a GMO who completed his internship in June 2013.
c. he was told by a representative at Fort Belvoir that he could still receive MASP during FY13.
d. he signed his MASP contract and signed other documents stating he declined finishing residency to pursue a GMO tour.
e. his documents could not be found when he arrived at his new duty station at Fort Wainwright, AK.
f. his records still had him in the Family Medicine residency at Fort Belvoir so he was ineligible to receive MASP.
3. He provides email correspondence.
CONSIDERATION OF EVIDENCE:
1. At the time the applicant submitted his application, he was serving in the Regular Army in the rank of captain (CPT)/O-3.
2. The applicant was appointed as a Reserve commissioned officer on 18 July 2008 in the rank of second lieutenant. On 12 May 2012, he was ordered to active duty as a Regular Army officer at the execution of his oath of office.
3. On 13 August 2013, he executed a contract for MASP at $15,000/year effective 1 October 2013.
4. On 8 April 2014, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of the Surgeon General who stated:
a. there is no record of a created, executed, processed, or paid MASP effective 1 July 2013.
b. upon internship completion and assignment as a GMO, the applicant was eligible to execute the annual MASP contract at $15,000/year effective 1 July 2013.
c. The Defense Finance and Accounting Service (DFAS) - Indiana (IN) required action is to change the current MASP contract effective date from 1 October 2013 to 1 July 2013. There are no payments involved.
5. A copy of the advisory opinion was forwarded to the applicant for comment. However, he did not respond within the allotted timeframe.
6. 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 service record shows he submitted a contract for a 1-year MASP contract at $15,000/year effective 1 October 2013.
2. The Chief of the AMEDD Special Pay Branch stated the applicant completed internship and was assigned as a GMO; therefore, he was eligible to execute the annual MASP contract at $15,000/year effective 1 July 2013. His service record is void of evidence which indicates he executed an annual MASP contract at $15,000/year effective 1 July 2013.
3. Based on the foregoing and in the interest of justice, the applicant is eligible for receipt of the 1-year MASP agreement for $15,000/year effective 1 July 2013. Therefore, his records should be corrected to show his current MASP contract effective 1 October 2013 was changed to 1 July 2013 with no additional payment due.
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 amending his MASP contract effective 1 October 2013 by changing the effective date to 1 July 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.
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