IN THE CASE OF:	   

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20150004921 


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 adjustment of his 1-year Medical Additional Special Pay (MASP) contract at $15,000.00 per year to show an effective date of 1 July 2013 and 1 July annually thereafter.

2.  The applicant states:

* he was unable to initiate the MASP contract until he arrived at his first duty station
* he attended the Flight Surgeon Course prior to reporting to his first duty station
* he was unable to start the pay until 4 October 2013 instead of 1 July 2013

3.  The applicant provides permanent change of station orders, dated 3 May 2013.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of captain.

2.  He provided permanent change of station orders, dated 3 May 2013, which show he was assigned to Fort Campbell, KY, with a reporting date of 26 August 2013.  These orders also indicate he would proceed on temporary duty to the U.S. Army School of Aviation Medicine at Fort Rucker, AL, to attend the U.S. Army Flight Surgeon (Primary) Course for a period of 6 weeks with a starting date of 8 July 2013 and an ending date of 16 August 2013.

3.  His records contain:

	a.  An MASP contract for $15,000.00 per year effective 4 October 2013 to 3 October 2014 executed on 7 October 2013 with approval authorization.

	b.  An MASP contract at $15,000.00 per year effective 4 October 2014 to 3 October 2015 executed on 13 August 2014 with approval authorization.

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, dated 4 May 2015.  The advisory official states:

	a.  Eligibility criteria for the MASP contract requires the officer to be a Medical Corps officer with a full unrestricted medical license and not currently in an internship or first residency training program.  A review of special pay and finance records cannot verify the effective date of his initial medical license.  Data indicates he executed and received payment for annual MASP contracts effective 4 October 2013 and 4 October 2014 with a valid medical license.  There is no record of a prepared, executed, processed, or paid MASP contract effective 1 July 2013.

	b.  Officers must bear responsibility for their part of the contract preparation, to include the inquiring as to eligibility, requesting contract initiation, 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 established as the date of signature.

	c.  Without verification of the applicant's initial medical license effective date, the initial 4 October 2013 MASP contract cycle cannot be changed.

5.  On 6 May 2015, the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

6.  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 are:

	a.  Variable Special Pay that is paid to all Medical Corps officers monthly upon entry on active duty;

	b.  Board Certification Pay that is paid monthly to all board-certified Medical Corps officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date;

	c.  MASP that 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;

	d.  Incentive Special Pay (ISP) that is paid based on a variable rate to selected Medical Corps officers who hold the specialties eligible to receive this pay for a1-year active duty obligation that may be served concurrently with all other obligations; and

	e.  Multi-year Special Pay that is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps officers based on their specialty.  This pay is authorized concurrently with MASP and ISP.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests adjustment of his 1-year MASP contract for $15,000.00 per year to show an effective date of 1 July 2013 and 1 July annually thereafter.

2.  The evidence shows he executed 1-year MASP contracts at $15,000.00 per year on 4 October 2013 and 4 October 2014.

3.  There is no evidence of a prepared, executed, processed, or paid MASP effective 1 July 2013.

4.  The advisory official points out:

	a.  MASP contract eligibility criteria require the officer to be a Medical Corps officer with a full unrestricted medical license and not currently in an internship or first residency training program.

	b.  A review of special pay and finance records cannot verify the effective date of the applicant's initial medical license.

	c.  Without verification of his initial medical license effective date, the initial 4 October 2013 MASP contract cycle cannot be changed.

5.  Based on the foregoing, there is insufficient evidence on which to base the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x_____  ___x____ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________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)                                         AR20150004921



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ABCMR Record of Proceedings (cont)                                         AR20150004921



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