IN THE CASE OF:  	  

		BOARD DATE:  6 January 2015	  

		DOCKET NUMBER:  AR20140007996 


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 entitlement to:

* Medical Additional Special Pay (MASP) in the amount of $15,000.00 per year effective 1 July 2011 through 30 June 2012
* Incentive Special Pay (ISP) in the amount of $36,000.00 effective 1 October 2011 through 30 September 2012

2.  The applicant states, in effect, he is entitled to these special pays for 2012.

3.  The applicant provides:

* MASP letter of lateness, dated 20 June 2012
* MASP request, dated 21 June 2012
* ISP letter of lateness, dated 16 August 2012
* ISP request, dated 20 August 2012
* credentialing correspondence, dated 27 June 2012 and 28 August 2012
* email correspondence, dated 18-20 September 2012

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's records to show he is authorized payment of MASP in the amount of $15,000.00 for 2012 and ISP in the amount of $36,000.00.00 for 2012 with interest.



2.  Counsel states:

* payments for both the MASP and ISP were due on 20 August 2012
* the applicant fulfilled the terms of his MASP and ISP contracts and he was separated on 1 October 2012
* the applicant was separated after fulfilling his obligations for failing to maintain a security clearance
* the applicant's security clearance was revoked due to contacts with foreign family members – that decision is being challenged as an abuse of discretion

3.  Counsel provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a commissioned officer in the U.S. Army Reserve (USAR) in the rank/grade of second lieutenant/O-1 on 17 April 1995.

2.  His DA Form 71 (Oath of Office), dated 15 May 1999, shows he accepted an appointment as a captain in the Regular Army in the Medical Corps on the same date.

3.  On 15 May 2005, he was promoted to the rank/grade of major/O-4.

4.  He provided copies of his MASP request, dated 21 June 2012, and his ISP request, dated 20 August 2012.  He also provided letters of lateness for both his MASP and ISP requests that show the delay in his requests was due to his possible separation from the Army.

5.  On 1 October 2012, he was honorably discharged.

6.  An advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of the Surgeon General (OTSG), dated 12 June 2014, in the processing of this application.  The advisory official stated:

	a.  There is no record of created, executed, processed, or paid contracts for the requested periods.

	b.  Although the applicant may have been considered for separation from the Army, there was no established mandatory removal or separation date that would have prevented him from executing and receiving payment for the requested contracts.

	c.  While the signature date of the applicant's executed contracts exceed the policy for signature date and was received outside the funded fiscal year, this appears to have been by virtue of the command now allowing the applicant to execute previously-denied contracts.

	d.  Based on the applicant's fulfillment of the contractual period and performance of patient care duties without any privileging or military restrictions, he was eligible to receive payment for the MASP contract for the period 1 July 2011 through 30 June 2012 and the ISP contract for the period 1 October 2011 through 30 September 2012.

7.  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 officers (physicians), these special pays include:  (1) Medical Additional Special Pay (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 and (2) ISP which is paid based on a variable rate to selected Medical Corps officers who hold the specialties eligible to receive this pay for a 1-year active duty obligation that may be served concurrently with all other obligations.

8.  Title 31, U.S. Code, states that unless otherwise allowed by statute or contract, interest associated with claim disputes is generally not recoverable from the U.S. Government.

DISCUSSION AND CONCLUSIONS:

1.  The advisory opinion noted there is no record of created, executed, processed, or paid contracts for the applicant for the requested periods.

2.  The evidence of record shows the applicant was eligible to execute a 1-year MASP agreement for $15,000.00 per year effective 1 July 2011 and an ISP agreement for $36,000.00 per year effective 1 October 2011.  However, due to his possible separation from the Army, his contracts were not processed.  Furthermore, it does not seem reasonable that an eligible person would intentionally fail to submit applications for MASP and ISP knowing he would lose $51,000.00 per year.  He was clearly authorized to enter into an agreement for MASP for the period 1 October 2012 through 30 September 2013 and ISP for the period 1 October 2011 through 30 September 2012.  Therefore, his records should be corrected to show he did so in a timely manner.

3.  Although counsel requested payment of interest in connection with incentive payments, this is not a records correction.  Further, interest associated with claim disputes is generally not recoverable from the U.S. Government.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  showing the applicant executed an MASP agreement and it was approved on 29 June 2012 for the period 1 July 2011 through 30 June 2012,

	b.  showing the applicant executed an ISP agreement and it was approved on 1 November 2011 for the period 1 October 2011 through 30 September 2012, and

	c.  paying him any monies due based on these corrections.

2.  The Board further determined the evidence presented is 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 payment of interest in connection with incentive payments.



      ____________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)                                         AR20140007996



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ABCMR Record of Proceedings (cont)                                         AR20140007996



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