IN THE CASE OF:	  

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140015300 


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 correction of his records to show he was authorized a 1-year retroactive Medical Additional Special Pay (MASP) contract at $15,000 per year effective 1 September 2013.

2.  The applicant states that he served effectively as a Medical Corps (MC) officer during the period 1 September 2013 to 31 August 2014; however, he failed to submit a timely application for the MASP due to family hardship.

   a.  On 9 January 2013, his wife was diagnosed with invasive breast cancer.
She underwent surgery and endured both chemotherapy and radiation treatment through August 2013.  At about the same time, his mother's health was rapidly deteriorating due to her pulmonary hypertension and she needed assistance with her activities of daily living.  In addition, his son was diagnosed with idiopathic childhood epilepsy.

   b.  The applicant states that he brought his mother to live with him and his family.  As result, he and his wife decided to purchase a home to accommodate the size and needs of their family.

   c.  He acknowledges he should have applied for the MASP in the summer of 2013; however, he did not realize his oversight until just recently.

3.  The applicant provides copies (extracts) of the above-mentioned family members' medical records, dated 2 August, 18 September, and 6 September 2013, that substantiate their medical conditions and treatment.
CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer duty, in the rank of captain, and he entered active on 2 June 1991.

2.  He is currently serving on active duty as a Regular Army commissioned officer in the rank of colonel/pay grade O-6 (MC).

3.  A review of the applicant's military personnel records revealed the following documents –

* Request for MASP, dated 5 July 2012, for the 1-year period beginning
1 September 2012 that was approved on 27 July 2012
* Request for MASP, dated 15 July 2014, for the 1-year period beginning
1 July 2014 that was approved on an unspecified date

4.  In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch, Office of The Surgeon General (OTSG), Falls Church, VA.

   a.  The advisory official recommends administrative relief.

	 	(1)  His review of available special pay and finance records indicates the applicant executed and was paid for annual MASP contracts effective
1 September 2011, 1 September 2012, and 1 July 2014.  However, there is no record of a prepared, executed, processed, or paid MASP contract effective
1 September 2013.

    	(2)  The advisory official notes that the applicant indicated that extensive extenuating family circumstances prevented the applicant from executing the 
1 September 2013 contract in a timely manner.

   b.  The advisory official concludes the applicant was eligible for the requested retroactive 1-year MASP contract in the amount of $15,000 per year, effective 
1 September 2013.

   c.  The advisory official recommends the applicant be paid the 1-year MASP contract at $15,000 per year, effective 1 September 2013.  In turn, the existing
1-year MASP contract at $15,000 per year, effective 1 July 2014, should have the effective date changed to 1 September 2014 to maintain the correct cycle and eliminate any recoupment.  He adds that there is no payment due as a result of this effective date adjustment.
 
5.  The applicant was provided a copy of the advisory opinion in order to allow him the opportunity to submit comments or a rebuttal.  On 9 October 2014, the applicant concurred with the recommendation of the advisory official.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show that he was authorized $15,000 MASP from 1 September 2013 through 31 August 2014.

2.  Records show the applicant received MASP effective 1 September 2012 through 31 August 2013 and effective 1 July 2014 (through 30 June 2015). However, the evidence of record also shows the applicant inadvertently failed to request MASP effective 1 September 2013 through 31 August 2014.

3.  The OTSG cannot authorize payment of MASP effective 1 September 2013 through 31 August 2014 because to do so would exceed the OTSG's authority.   However, the OTSG recommends that the ABCMR approve this payment.

4.  In view of the foregoing, it would be appropriate to correct the applicant's records to show he is entitled to MASP effective 1 September 2013 through 
31 August 2014.  In addition, the applicant's existing 1-year MASP contract at $15,000 per year, effective 1 July 2014, should have the effective date changed to 1 September 2014 to maintain the correct cycle and eliminate any recoupment.

5.  Therefore, as a result of this correction, the applicant is entitled to $15,000 in MASP for the period 1 September 2013 through 31 August 2014, and MASP for the 12-month period beginning/effective 1 September 2014.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  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:

   a.  showing the applicant applied for and was approved for Medical Additional Special Pay in the total amount of $15,000.00, effective 1 September 2013 through 31 August 2014; and

   b.  amending the effective date of his current 1-year Medical Additional Special Pay contract (i.e., of 1 July 2014) to an effective date of 1 September 2014 (through 31 August 2015).
   
2.  As a result of the above correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and:

   a.  remit payment of $15,000.00 in Medical Additional Special Pay, effective
1 September 2013 through 31 August 2014, (less taxes) that may be due the applicant as a result of this correction (and less any payments the applicant may have received as a result of his current 1-year Medical Additional Special Pay contract with an effective date of 1 July 2014); and

   b.  amend the effective date of his current 1-year Medical Additional Special Pay contract (i.e., of 1 July 2014) to an effective date of 1 September 2014.




      _______ _   _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)                                         AR20140015300



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ABCMR Record of Proceedings (cont)                                         AR20140015300



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