IN THE CASE OF:	  

		BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20140010787 


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 retroactive pay for the Medical Additional Special Pay (MASP) and Incentive Specialty Pay (ISP) effective 1 July 2012. 

2.  The applicant states she communicated with the special pay office at Fort Sam Houston, TX, and Tripler Army Medical Center, HI, regarding the non-payment of the incentives as a Urologist, but to date she has neither signed a contract nor received an update regarding the pay. 

3.  The applicant provides:

* Officer Record Brief
* Urology Residency Training letter
* Physician License Certificate

CONSIDERATION OF EVIDENCE:

1.  Having attended the U.S. Military Academy in 2002 and graduated from Tulane University with a medical degree in General Medicine in 2006, the applicant was appointed as a Reserve commissioned officer of the Army, Medical Services Corps and executed an oath of office on 12 May 2006.

2.  She was ordered to and entered active duty on 9 June 2006.  She completed her Urology Residency Training at Duke University from 1 July 2007 to 30 June 2012. 

3.  She was issued a Physician License by the North Carolina Medical Board that expires on 2 September 2014.

4.  An advisory opinion was received from The Office of The Surgeon General (OTSG) on 29 July 2014 in the processing of this case.  An OTSG official stated: 

	a.  The applicant is requesting a retroactive payment of a 1-year MASP contract at $15,000/year and 1-year ISP contract at $28,000/year, both effective 20120701-20130630.  She indicates she graduated from the Urology residency on 1 July 2012; however, the supporting Human Resources office failed to supply the required contracts for execution and payment.  

	b.  Based on policy, plan, procedures, and rates, officers initially eligible for the MASP contract at $15,000/year paid lump sum upon graduating from their initial residency, in most cases this is 1 July.  Officers are also initially eligible for the ISP contract at the specialty specific rate paid lump sum, upon graduating from their initial residency plus 90 days, in most cases, 1 October.

	c.   A review of special pay and finance records indicate she had executed and was paid the 1-year MASP contract of $15,000/year effective 20130701 and then 20140701.  She had executed and received payment for ISP contracts at the Reconstructed Urological Surgery rate of $36,000/year effective upon graduation from her fellowship on 20130701 and then 20140701.  There is no record of created, executed, processed, or paid MASP or ISP contracts for the period 20120701-20130630. 

	d.  An officer 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 of the policy for signature date or received outside the funded fiscal year, are returned without action.

	e.  Based on the above discussion, the applicant's graduation from residency on 20120701 made her eligible for payment for the MASP contract at $15,000/year effective 20120701.  Additionally, based on the 90-day delay for the ISP contract in Urology residency rate at $28,000/year, she is also eligible for payment effective 20120701.  Therefore, she is eligible to receive payment for the MASP contract at $15,000 effective 20120701-20130630 and the ISP contract at a prorated rate of $21,000/year effective 20121001-20130701 to align the executed and paid ISP contract post Reconstructed Urological Surgery fellowship that was effective 20130701.

5.  A copy of this advisory opinion was provided to the applicant on 29 July 2014 but she did not respond. 

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports the applicant’s contention that she was not properly paid her ISP at the rate of $28,000/year and MASP at the rate of $15,000/year for the period 20120701 to 20130601.  It does not seem reasonable that a rational person would intentionally fail to submit an application for ISP or MASP, knowing that she would lose an annual payment of $28,000 and $15,000 per year. 

2.  Her graduation from residency on 20120701 made her eligible for payment for the MASP contract at $15,000/year effective 20120701.  Additionally, based on the 90-day delay for the ISP contract in Urology residency rate at $28,000/year, she is also eligible for payment effective 20120701.  Therefore, she is eligible to receive payment for the MASP contract at $15,000 effective 20120701-20130630 and the ISP contract at a prorated rate of $21,000/year effective 20121001-20130701 to align the executed and paid ISP contract post Reconstructed Urological Surgery fellowship that was effective 20130701.  Her record should be corrected to show she is authorized appropriate payment accordingly.

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 she entered into an MASP contract for the period covering 1 July 2012 through 30 June 2012
* showing she entered into an ISP contract for the period 1 October 2012 through 30 June 2013
* paying her for the MASP contract at $15,000 less taxes effective 20120701-20130630
* paying her for the ISP contract at a prorated rate of $21,000 less taxes effective 20121001-20130701 to align the executed and paid ISP contract post Reconstructed Urological Surgery fellowship that was effective 20130701



      _______ _   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)                                         AR20140010787





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ABCMR Record of Proceedings (cont)                                         AR20140010787



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