MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 April 2002                   
	DOCKET NUMBER:   AR2002069533

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		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:  Payment of two Medical Additional Special (MASP) contracts for $15,000 per year plus interest.

APPLICANT STATES:  That he did not receive MASP entitlement totaling $30,000 from 6 July 2000 – 5 July 2001 and 6 July 2001 – 5 July 2002.  The error was identified incidentally by the Army Medical Department (AMEDD) Special Pay Branch at the U. S. Total Army Personnel Command and brought to his attention.  He provides five leave and earning statements to show he never received MASP.

EVIDENCE OF RECORD:  The applicant's military records are not available.  

In the processing of this case, an advisory opinion was obtained from the AMEDD Special Pay Branch.  That office noted the applicant executed and was paid MASP at $15,000 per year effective 6 July 1999 – 5 July 2000 but that there was no record of any MASP contract submissions thereafter.  Policy requires that officers must execute their contract no earlier than 90 days but no later than 30 days from the effective date.  After that period, the date of signature becomes the new effective date.  The applicant received all contractual pays authorized with the exception of one-year obligatory MASP contracts for the requested amounts and dates.  His 1999 MASP was prepared at the Officers Basic Course at Fort Sam Houston, TX.  The AMEDD Special Pay Branch opined that there appears to have been a system failure where the military personnel office and the officer failed to have contracts prepared for execution at the 2000 and 2001 MASP anniversary dates after his arrival in Germany.  It was not until his communication with his assignment manager and the AMEDD Special Pay Branch that the problem was identified.  That office noted that the applicant bears responsibility for his part of the contract execution and submission but supported payment of the outstanding MASP entitlements for the periods requested.  

A copy of the advisory opinion was provided to the applicant for comment.  He concurred with the advisory opinion on 29 March 2002.

Military Compensation Background Papers, fifth edition dated September 1996, states that the legislative authority for special pay for physicians (medical officers of the Armed Forces) is Title 37, U. S. Code, sections 301d, 302, 303a, and 303b.  As background, it states that despite the piecemeal additions of pays and different categories of personnel to the health professionals special pay program, 

there is, and has always been, a single unifying theme underlying the program – namely, the need to attract and retain a sufficient number of qualified health professionals to meet the health care demands of the armed forces.

Title 37, U. S. Code, section 302(a)(4) states that an officer entitled to variable special pay is entitled to additional special pay of $15,000 for any 12-month period during which the officer is not undergoing medical internship or initial residency training provided he or she first executes a written agreement under which he or she agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such pay.

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 this requirement.

2.  The AMEDD Special Pay Branch stated the applicant had executed a one-year contract and was paid MASP effective 6 July 1999 – 5 July 2000.  He was aware that a contract needed to be signed before payment of MASP could be made.  Failure of the military personnel office to prepare the required contracts did not relieve the applicant of the personal responsibility, when he should have been reasonably expected to know what was required, to request preparation of the contracts in a timely manner.  

3.  As noted in the Military Compensation Background Papers, fifth edition dated September 1996, background for special pay for medical officers of the Armed Forces, there is a single unifying theme underlying the special pay program – the need to attract and retain a sufficient number of qualified health professionals to meet the health care demands of the Armed Forces.  The applicant did serve during those periods; therefore, notwithstanding the advisory opinion, the Board concludes that it would not be equitable to grant the relief requested at this late date.  

4.  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:

__aao___  __hof___  __teo___  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2002069533	
SUFFIX		
RECON		
DATE BOARDED	20020430	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.16	
2.		
3.		
4.		
5.		
6.