PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           28 March 2002                   
	DOCKET NUMBER:   AR2002067427

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

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be paid Medical Additional Special Pay (MASP) for the years 1998, 1999, and 2000.

3.  The applicant states that he belatedly found out the MASP contract had to be signed each year when he recently signed on for another four years as a retiree recall.  His command did not provide the yearly paperwork and he erroneously thought the MASP was calculated in his Multi-year Special Pay (MSP) payments.

4.  The applicant’s military records show that he entered active duty on                8 September 1964 as a second lieutenant in the Medical Service Corps.  Shortly thereafter he transferred to the Medical Corps in the rank of captain.  It appears he was retired on 30 September 1998 and recalled to active duty the following day.

5.  In the processing of this case, an advisory opinion was obtained from the Army Medical Department Special Pay Branch.  That office noted that the applicant last executed and was paid MASP at $15,000 per year effective           1 October 1997 through 30 September 1998 and again 1 October 2001 through 30 September 2002.  The applicant received all contractual pays authorized with the exception of a one-year obligatory MASP for $15,000 per year effective           1 October 1998 through 30 September 1999, 1 October 1999 through                  30 September 2000, and 1 October 2000 through 30 September 2001.  It appears the system failed to capture his continued retention on active duty as a Retiree Recall.  The applicant also indicated that the local military personnel office did not believe he was eligible for MASP as a Retiree Recall and no further action was taken until he was renewing an MSP retention bonus in October 2001 and the missing MASPs were identified.  That office recommended payment of the three outstanding MASPs for the periods requested.

6.  A copy of the advisory opinion was provided to the applicant for comment.  He concurred in the advisory opinion.

CONCLUSIONS:

1.  It appears that a Government error was made in this case that has caused an injustice to the applicant.

2.  As a Retiree Recall on continued active duty, the applicant was eligible to execute an MASP contract.  However, the system failed to capture his continued retention on active duty and his local military personnel office did not believe he was eligible for the MASP as a Retiree Recall.  As a result, the applicant lost the opportunities to execute an MASP contract for three periods at a cost of $15,000 per year.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the applicant executed three one-year MASP contracts for $15,000 each for the periods effective 1 October 1998 through 30 September 1999,         1 October 1999 through 30 September 2000, and 1 October 2000 through        30 September 2001 and by paying to the applicant the monies due as a result of this correction. 

BOARD VOTE:  

__fne___  __le____  __tl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067427	
SUFFIX		
RECON		
DATE BOARDED	20020328	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.16	
2.		
3.		
4.		
5.		
6.