MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           13 January 2000                 
	DOCKET NUMBER:   AR1999028221

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Ernest W. Lutz Jr.		Member	
	Ms. Margaret V. Thompson 		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 the contract date for his Medical Additional Special Pay (MASP) be corrected to coincide with his entry date as an active duty physician.  He adds that the correct contract date should start on 10 June and end on 9 June of the contract year.

APPLICANT STATES:  That he entered active duty on 10 June 1995, but his MASP contract did not start on 10 June 1996; it started on 1 July 1996 after he finished his internship on 30 June 1996.  He adds that this error has been carried through on subsequent MASP contracts.

EVIDENCE OF RECORD:  The applicant's military records show:

He is a medical doctor serving in the rank of captain.  In the processing of this case, a staff advisory opinion was provided by the Office of The Surgeon General (OTSG) who advised that the applicant was accessed on active duty and entered into his Obstetrics/Gynecology (OB/GYN) internship on 1 July 1995 which he completed on 30 June 1996.  He then became eligible to execute a 12-month MASP on 1 July 1996.  His MASP anniversary date properly reflects this date.  The applicant was provided a copy of the OTSG advisory opinion for rebuttal, but he did not choose to respond.

The Department of Defense Military Pay and Entitlements Manual provides that medical officers on active duty are entitled to MASP (medical additional special pay) 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:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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.  The OTSG advisory opinion indicates that the applicant was accessed on 1 July 1995 and began an OB/GYN internship which concluded on 30 June 1996. He entered into an MASP on the following day, 1 July 1996, and this date has served as his MASP anniversary date.

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

_EMW__  __EWL___  __MVT__  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028221	
SUFFIX		
RECON		
DATE BOARDED	20000113	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	128.1600	
2.		
3.		
4.		
5.		
6.