IN THE CASE OF:
BOARD DATE: 6 January 2015
DOCKET NUMBER: AR20140015090
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 his Medical Additional Special Pay (MASP) in the amount of $15,000 for the period effective December 2012.
2. He states, in effect, while deployed he identified a missing MASP contract payment of $15,000.00 effective December 2012 and he has been unable to resolve this matter.
3. He provides email correspondence from the Officer Management, Military Human Resources (HR) Office at Martin Army Community Hospital.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, he was serving in the Regular Army as a lieutenant colonel, pay grade O-5, at Eglin Air Force Base, FL.
2. A review of his Official Military Personnel File (OMPF) shows the applicant maintained his credentials and privileges in Aerospace Medicine during the MASP contract period effective 21 December 2012.
3. In the processing of this case an advisory opinion, dated 1 October 2014, was obtained from the Special Pay Branch of the Office of the Surgeon General. The advisory official stated the applicant indicated he identified his contract payment was missing while deployed and he was unable to correct the issue through normal HR channels.
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 21 December 2010, 21 December 2011, and 21 December 2013. There was no record of a prepared, executed, processed, or paid MASP contract effective 21 December 2012.
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 of the policy for signature date or received outside the funded fiscal year, are returned without action.
c. The applicant was eligible for the 1-year MASP contract at $15,000/year effective 21 December 2012. Based on extenuating circumstances, there appears to be sufficient explanation to support the applicant's request.
4. On 20 October 2014, the advisory opinion was forwarded to the applicant for acknowledgement/rebuttal. No response was received.
5. MASP is paid annually to Medical Corps 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 1Â 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 clearly shows he was authorized to enter into an agreement for MASP during the period effective 21 December 2012. 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. Therefore, his records should be corrected to show that he did so.
2. In view of the above, his request should be granted.
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 period effective
21 December 2012 and paying him retroactive MASP in accordance with his contract for this period in the amount of $15,000.00.
___________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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