IN THE CASE OF:	  

		BOARD DATE:	  11 August 2015

		DOCKET NUMBER:  AR20150005115 


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) for physicians for the year 10 July 2014 through 9 July 2015.

2.  The applicant states he is an active duty general surgeon.  He is eligible for a $15,000.00 MASP.  When he applied for the MASP in July of 2014, he was told his request was rejected by the Office of the Surgeon General (OTSG).  Ultimately OTSG corrected the mistake but at a reduced rate, about 50 percent, due to the delay in submission of the request.  The reason for the delay was the fault or mistakes of the OTSG, not his.  He does not think he should be penalized.

3.  The applicant does not provide any additional evidence. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was appointed as a Reserve commissioned officer in the Medical Corps on 3 July 2006.  At the time he submitted his application to the Army Board for Correction of Military Records (ABCMR), he was serving on active duty as a colonel.

3.  Orders A-06-810653 issued by the U.S. Army Human Resources Command (HRC) on 10 June 2008 ordered him to active duty with a reporting date of 10 July 2008.

4.  His record contains three MASP contracts which show:

* on 3 June 2013, he signed an MASP contract covering the period10 July 2013 to 10 July 2014 for the lump sum of $15,000.00
* on 7 October 2014, he signed an MASP contract covering the period 1 July 2014 to 1 July 2015 for the lump sum of $15,000.00

5.  Orders 274-0006 issued by U.S. Army Garrison, Fort Belvoir, VA, dated 1 October 2014, retired him from active duty on 30 June 2015 and placed him on the Retired List effective 1 July 2015.

6.  He retired on 30 June 2015.  His DD Form 214 shows he completed 6 years, 11 months, and 21 days of net active service during this period.

7.  An advisory opinion was obtained from the Special Pay Branch of OTSG in the processing of this case.  The advisory official stated:

	a.  The applicant is requesting full payment of a 1-year MASP contract at $15,000/year effective 10 July 2014 through 9 July 2015.  He provided a copy of his executed contract.  He indicated his contract was rejected by this office, but then corrected with a reduced rate paid.  He requests the full contracted amount. 

	b.  Effective 4 March 2013, the Assistant Secretary of the Army for Manpower and Reserve Affairs announced that Army policy regarding the renegotiation of all Army Medical Department officer special pay contractual agreement is rescinded.  The only authorization to renegotiate an existing contractual agreement will be for officers to align their annual medical and dental additional pay contractual agreement with their mandatory retirement date (MRD). 

	c.  A review of special pay and finance records indicated he had executed and received payment for annual MASP contracts on a 10 July cycle.  The most recent MASP contract processed was a renegotiated MASP for $15,000 effective 1 July 2014 through 30 June 2015 and executed by his signature on 7 October 2014.  This MASP contract aligned with his MRD of 30 June 2015 per published retirement orders.

	d.  He renegotiated his MASP for $15,000 effective 1 July 2014 through 30 June 2015 to align with his MRD; it was processed for payment by the Defense and Accounting Service (DFAS) with the following amounts determined:

		(1)  prorated recoupment value for the overlap period 1 July 2014 to 10 July 2014 of previous and renegotiated MASP contracts $375.00;

		(2)  Thrift Savings Plan (TSP) pretax deduction $7,384.92;

		(3)  Federal tax withholding $1,810.02;

		(4)  State tax withholding $289.60; and

		(5)  net payment after above deductions equals $5,140.46

	e.  Based on the above discussion, the officer properly executed and was correctly paid for the renegotiated MASP contract effective 1 July 2014 through 30 June 2015 to align with his MRD.  No further action or payment is advised.

8.  He responded to the advisory opinion on 14 May 2015 and stated:

	a.  This is not a case of renegotiation.  He presented his medical license and a signed MASP contract on time.  OTSG rejected the MASP contract, incorrectly stating he was not eligible for any MASP payment since his retirement date was 25 June 2015 and he would not be able to complete the entire year.

	b.  His actual retirement date was 1 July 2015.  When his retirement orders were published with the correct retirement date, his MASP contract was resubmitted to OTSG.  The response from OTSG was that the MASP contract was late and unfortunately it was a new fiscal year and funds were not available to pay the entire specialty pay.

9.  The Department of Defense Military Pay and Entitlements Manual provides that medical officers on active duty are entitled to MASP provided they are not undergoing initial residency training.  In order to qualify for MASP, an agreement must be signed to remain on active duty for at least 1 additional year from the effective date of the agreement.  The MASP is paid annually in a lump sum effective the date of the agreement.

DISCUSSION AND CONCLUSIONS:

1.  Based on the advisory opinion from OTSG, although the applicant’s initial request for MASP payment was rejected, he was eventually properly paid the MASP for the period 1 July 2014 through 30 June 2015 in accordance with his MRD.

2.  In view of the foregoing, there is no basis for granting his request. 

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)                                         AR20150005115





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ABCMR Record of Proceedings (cont)                                         AR20150005115



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