MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:          11 June 2002                   
	DOCKET NUMBER:  AR2002066602

	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. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn 		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Harry B. Oberg 		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 his records be corrected to show entitlement to Medical Additional Special Pay (MASP) for 4 July 2001 (sic).

APPLICANT STATES: That he was not informed by personnel in his previous unit to sign an MASP agreement and has not received such pay for which he is entitled.  He indicates his personnel officer informed him on 5 November 2001, that after researching his files for special pay, he had not received the MASP entitlement for 4 July 2001.

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

A review of the officer’s military pay file by a staff member of the Army Medical Department (AMEDD) Special Pay Branch indicates the applicant was paid MASP at $15,000 per year for the periods 4 July 1999 to 3 July 2000, and 4 July 2001 to 3 July 2002.  There is no record of a MASP contract submission for the period 4 July 2000 to 3 July 2001.

On 22 February 2002, the AMEDD Special Pay Branch Chief opined that the applicant received all contractual pay authorized with the exception of a one-year obligatory MASP for $15,000 for the period 4 July 2000 to 3 July 2001.  He also opined that there may have been a system failure, due to no cause of the officer, which failed to have contract prepared for execution by the officer due to his pending change of station and his problem was not identified until his next contract preparation.  It was also noted that contracts require execution and submission by the officers concerned, through their chain of command for payment, and that they must execute their contract no earlier than 90 days or later than 30 days.  It was recommended that he receive this payment.

On 4 March 2002, the applicant was provided a copy of the AMEDD opinion and he did not respond further.

Department of the Army annual guidance concerning Army Medical Corps Officer Special and Incentive Pay Policy, Plan and Rates indicates, in pertinent part, that the “Agreement Effective Date – In order to retain the effective date indicated on the Medical Occupational Data System (MODS) Eligibility Roster, the officer must sign the agreement not later than 30 days following the entitlement date indicated on the roster, or not later than 30 days following the date of the roster, whichever is later.  Agreements signed after that date will be effective upon the date of signature.”  The “no earlier than 90 days” comment is not written, but equates to the MODS Eligibility Roster Program which will not have the eligible population or a contract posted until 90 days prior to the effective date; therefore, the contract may not be signed any earlier than 90 days prior to the effective date.

Title 37, United States Code, Sections 301d, 302, 302f, and 303a provide for multiyear 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: 1) Variable Special Pay (VSP) which is paid to all Medical Corps Officers monthly upon entry on active duty; 2) Board Certification Pay (BCP) which 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 (HPPED); 3) MASP which is paid to all Medical Corps Officers upon completion of internship (not during initial residency) at the current rate of $15,000 (less taxes) for a one year active duty obligation that can be served concurrently with all other obligations; 4) ISP which is paid based on a variable rate to selected Medical Corps Officers who hold the specialties eligible to receive this pay for a one year active duty obligation that may be served concurrently with all other obligations; and 5) MSP which 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.  The basic intent of MASP, ISP and MSP is to extend a physician beyond their current obligation.

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, it is concluded:

1.  Evidence shows the applicant did not enter into a MASP agreement for the period in question.  He did not execute an agreement for the period 4 July 2000 to 3 July 2001.

2.  There is no evidence, and the applicant has shown none, that his failure was the fault of someone or something not under his control.

3.  Notwithstanding the AMEDD Special Pay Branch Chief’s recommendation that his request be granted, they also make note of the fact that he was required to execute his contract within 90 days prior to or 30 after the effective date of the contract.  If the applicant fails to accomplish this, the effective date is the date of signature.

4.  The applicant’s actions indicate he failed to realize his error for over a year, and shows his negligence was the cause of his failure to execute the contested MASP Agreement.

5.  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 this requirement

6.  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:

__fne___  _rwa____  ________  GRANT

________  ________  ________ GRANT FORMAL HEARING

________  ________  _hbo____ DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002066602	
SUFFIX		
RECON		
DATE BOARDED	20020611	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	 GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.16	
2.		
3.		
4.		
5.		
6.