MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             23 January 2003                 
	DOCKET NUMBER:    AR2002074354

	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:

	Ms. Kathleen A. Newman		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Patrick H. McGann		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) effective 1 July 2000 and 1 July 2001 and Incentive Special Pay (ISP) effective 1 October 1998, 1 October 1999,         1 October 2000, and 1 October 2001.

APPLICANT STATES:  That he received MASP effective 1 July 1998 and 1 July 1999, but after that, he received no bonuses.  He indicates he was totally unaware he had to sign a special pay agreement each year to receive bonuses.  He was not aware of the requirement to initiate special pay contracts annually until 21 May 2002.

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

A review of the officer’s military finance record indicates he last executed and was paid $15,000 MASP effective 1 July 1999 through 30 June 2000.

On 12 September 2002, the Chief, Army Medical Department (AMEDD), Special Pay Branch, Office of The Surgeon General opined that MASP and ISP payment require the officer to execute and submit a contract for payment 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, and that the contract execution rests with the requesting officer.  

On 25 September 2002, the AMEDD opinion was provided to the applicant for his acknowledgement/rebuttal.

On 17 October 2002, the applicant rebutted the AMEDD opinion by indicating his failure to initiate the contracts was wholly unintentional on his part and reflects his previous poor understanding of how the AMEDD Special Pay system works.

Department of the Army policy guidance concerning Medical Corps Officer Special and Incentive Pay Policy, Plan and Rates, indicates 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 is not signed any earlier than 90 days prior to the effective date.  

This Board operates under the standard of presumption of regularity in governmental affairs.  The standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper.  

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.  The evidence of record clearly shows the applicant did not submit MASP or ISP contracts within the designated 90 days earlier and 30 days later than the effective date.

2.  The applicant’s claim that he “was totally unaware that I had to sign a Special Pay agreement each year to receive the pay to which I was entitled” is greatly diminished since he had previously executed two prior MASP contracts.

3.  There is nothing in the records or in the evidence submitted by the applicant that overcomes this presumption.

4.  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

5.  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:

_KAN___  _______     PHM____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  _GJW___  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2002074354	
SUFFIX		
RECON		
DATE BOARDED	20030123	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128	
2.		
3.		
4.		
5.		
6.