MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 September 1999                   
	DOCKET NUMBER:   AR1999026492

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Kenneth L. Wright		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be entitled to receive a half year Medical Additional Specialty Pay (MASP) payment.

APPLICANT STATES:  That his last MASP expired 31 December 1998.  He could not sign a new contract, which states that “I will serve for one year,” as he was scheduled to retire 1 July 1999.  He is entitled to payment of one-half year’s worth of MASP ($7,500.00).  

EVIDENCE OF RECORD:  The applicant's military records are not available.  The information contained herein was obtained from alternate sources.

On 1 January 1998, the applicant signed an MASP contract.  An MASP contract authorizes a medical officer a one-time lump sum payment in the amount of $15,000.00 in return for his/her agreement to remain on active duty for a continuous period of one year.

In the processing of this case, an advisory opinion was obtained from the Army Medical Department Special Pay Branch.  That office recommended disapproval of the applicant’s request based on policy.  Assistant Secretary of Defense (Health Affairs) policy is that 12 months before a mandatory retirement date, a medical officer’s MASP agreement may be terminated, the unearned portion recouped on a pro rata basis, and a new 12-month agreement executed for the period covering the final year.  Commencing 1 October 1998, this policy shall also apply to a voluntary retirement if the medical officer is retiring after completing at least 20 years of active service.  The applicant had a mandatory retirement of 30 June 2000 but requested a voluntary retirement of 30 June 1999.  The policy for voluntary retirements did not take effect until Fiscal Year 1999; therefore, his voluntary retirement did not qualify him to align his contract a year in advance.  Only a voluntary retirement date of 1 October 1999 or thereafter would have qualified him to align his MASP with continued pay under the policy.

The advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Although Department of Defense policy has changed to allow for a re-aligned MASP contract for medical officers separating with a voluntary retirement, the policy becomes effective only with voluntary retirements commencing 1 October 1999 or thereafter.  Since the applicant’s retirement was effective 1 July 1999, he did not qualify for a realigned contract under the policy change.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__sk____  __jea___  __klw___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999026492	
SUFFIX		
RECON		
DATE BOARDED	19990901	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.16	
2.		
3.		
4.		
5.		
6.