IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150010447
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 a prorated annual Medical Additional Special Pay (MASP) contract in the amount of $15,000/year for the period 7 February 2014 through 1 July 2015, starting with the effective date of his medical license and ending upon entering his residency program.
2. The applicant states he was unaware of his eligibility to complete a MASP contract for this period.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, he was serving in the Regular Army as a captain, pay grade O-3, at Joint Task Force Odin, Forward Operating Base Bagram, Afghanistan.
2. In the processing of this case an advisory opinion, dated 5 August 2015, was obtained from the Chief, Special Pay Branch, Office of the Surgeon General. The advisory official stated the applicant indicated he was unaware of his eligibility for a MASP contract during the period 7 February 2014 through 1 July 2015.
a. A review of special pay and finance records verified the effective date of the applicant's initial medical license as 7 February 2014. Data also indicates the applicant's official residency training program in radiology is effective 28 August 2015 through 27 August 2019. There is no record of a prepared, executed, processed, or paid MASP contract.
b. Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting a 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.
c. The applicant was eligible and would have been authorized a MASP contract at $15,000/year effective 7 February 2014 through 27 August 2015; a prorated amount of approximately $23,375.
d. Failure of the applicant to submit the MASP contract upon graduation from his internship and attaining his medical license should not be considered unfavorable based on the lack of notification of eligibility for the special pay.
3. On 6 August 2015, the advisory opinion was forwarded to the applicant for acknowledgement/rebuttal. No response was received.
4. 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 (Clinical Quality Management) 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 1 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:
The available evidence clearly shows he was authorized to enter into an agreement for MASP during the period 7 February 2014 through 27 August 2015. 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.
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 7 February 2014 through 27 August 2015 and paying him retroactive MASP in accordance with his contract for this period in the amount of approximately $23,375.
_______ _ __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) AR20150010447
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150010447
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140015090
The applicant requests payment of his Medical Additional Special Pay (MASP) in the amount of $15,000 for the period effective December 2012. 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.
ARMY | BCMR | CY2015 | 20150005115
The applicant requests payment of his Medical Additional Special Pay (MASP) for physicians for the year 10 July 2014 through 9 July 2015. The applicant is requesting full payment of a 1-year MASP contract at $15,000/year effective 10 July 2014 through 9 July 2015. 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.
ARMY | BCMR | CY2014 | 20140008503
The record is void of documentation showing he executed Medical Additional Special Pay (MASP) or Variable Special Pay (VSP) agreements for the periods 1 October 2011-30 September 2012 and 1 October 2012-30 September 2013. For Army MC Officers (Physicians), these special pays are: 1) VSP which is paid to all MC Officers monthly upon entry on active duty; 2) BCP which is paid monthly to all board certified MC Officers based upon their date of board certification and their creditable service...
ARMY | BCMR | CY2014 | 20140001326
c. The applicant had executed multi-year contracts encompassing the period 1 October 2010 to 30 September 2014; therefore, he may not have understood the need for the annual MASP contracts even when prompted by the HR office. The applicant was eligible to execute annual MASP contracts at $15,000 per year effective 15 October 2011 and 15 October 2012; time since served. The available evidence supports the applicants contention that he thought he completed the required agreement for MASP...
ARMY | BCMR | CY2009 | 20090016904
IN THE CASE OF: BOARD DATE: 12 January 2010 DOCKET NUMBER: AR20090016904 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Entitlement to pay is contingent upon execution of a legally-binding written agreement to remain on active duty for 1 year beginning on the effective date of the agreement. _______ _ 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.
ARMY | BCMR | CY2008 | 20080017531
Evidence of record shows the applicant was eligible to execute a one-year obligatory MASP for $15,000/year effective 1 July 2001. Based on the foregoing, it would be equitable to correct the applicants military records to show he executed an MASP contract for the period 1 July 2001 to 30 June 2002 and to adjust the annual periods accordingly. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adjusting the current MSAP...
ARMY | BCMR | CY2011 | 20110012865
A review of the applicant's record indicated no record of a MASP agreement submission for the period indicated. The applicant's record does not indicate he submitted a request for MASP for the period 1 January through 31 December 2010, despite his clear entitlement to do so. The Chief of the AMEDD Special Pay Branch supported payment of the outstanding MASP entitlement for the period requested, based on time served and the applicant's inability to comply with recertification timelines due...
ARMY | BCMR | CY2008 | 20080003506
Military Personnel Records and advisory opinions (if any). The applicant requests, in effect, retroactive payment of Medical Additional Special Pay (MASP) in the amount of $15,000.00 per year for the periods from 1 February 2006 to 31 January 2007; and from 1 February 2007 to 31 January 2008. The available evidence clearly shows that the applicant was authorized to enter into an agreement for MASP for the years 2006 and 2007.
ARMY | BCMR | CY2014 | 20140010787
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. 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...
ARMY | BCMR | CY2013 | 20130008949
The applicant requests, in effect, correction of his record to show he executed an agreement for medical additional specialty pay (MASP) with an effective cycle date beginning on 22 July 2011 vice 1 October 2011. His records show he completed residency training in orthopedic surgery during the period 1 July 2007 to 30 June 2011. This official stated that the applicant was requesting an adjustment of his annual MASP contract at $15,000/year from an effective date cycle of 1 October to 22 July.