IN THE CASE OF:	  

		BOARD DATE:	  3 December 2013

		DOCKET NUMBER:  AR20130006934 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his Medical Additional Special Pay (MASP) contract effective date be amended to read 1 July 2012.

2.  The applicant states:

	a.  He began his service as a General Medical Officer (GMO)/Field Surgeon on 2 July 2012 at Schofield Barracks Health Clinic, Hawaii.

	b.  He completed and filed all necessary paperwork to begin his service as a GMO, including the MASP for his special pay as a GMO.

	c.  His MASP contract was never processed and when the pay deficiency was brought to his attention, he immediately contacted human resources who had no record of his application.

	d.  He completed "the application" and he dated it 1 October 2012; however, he was told that it needed to be backdated to 1 July 2012.

	e.  The MASP was paid in December 2012, 6 months later than it should have been paid.

	f.  He began his new residency program on 15 September 2013 at Walter Reed Medical Center and he has been told that a recoupment will be attempted.

	g.  No recoupment will be justified as he will have completed 1 year of GMO service.

3.  The applicant provides:

* DA Form 4187 (Personnel Action)
* Memorandum for Surgeon General of the Army, Human Resources (DASG-HR-P) AMEDD Special Pay Branch
* Officer Assignment Instruction, dated 27 March 2013
* Officer Assignment Instruction, dated 29 March 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a captain, attending Graduate Medical Education (GME) training at Walter Reed National Military Medical Center, in anesthesiology.

2.  The available record shows the applicant signed contracts for MASP with an effective date of 1 October 2012.

3.  During the processing of this case a staff advisory opinion was obtained from the Chief, Special Pay Branch, Office of the Surgeon General (OTSG).  The opinion states the following:

	a.  A review of the applicant's military pay file indicates only the 1-year MASP contract at $15,000/year effective 1 October 2012 as processed and paid.

	b.  Discussions with the applicant and personnel offices indicate the applicant initiated a 1-year MASP contract effective 1 July 2012, but it was lost.

	c.  The applicant was eligible for and executed the 1-year MASP contract at $15,000/year effective 1 July 2012; however, it was not processed.

	d.  Recommend the applicant's current contract effective 1 October 2012 be changed in personnel and finance records to an effective date of 1 July 2012.

	e.  This is an administrative action only and no payments are required.

4.  On 29 May 2013, a copy of the advisory opinion was forwarded to the applicant for his information and/or possible rebuttal.  He responded by letter dated 13 June 2013, stating that he agreed with the advisory opinion obtained from the AMEDD Special Pay Branch.

DISCUSSION AND CONCLUSIONS:

1.  The opinion rendered by the OTSG clearly states that the applicant was fully qualified, eligible, and executed the 1-year MASP contract effective 1 July 2012; however, it was not processed.

2.  Accordingly, the applicant's MASP contract effective 1 October 2012 should be amended to show an effective date of 1 July 2012. 

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending his MASP contract, effective 1 October 2012, to show an effective date of 1 July 2012; and

	b.  if appropriate, voiding any recoupment action taken or pending against him as a result of the MASP contract effective 1 October 2012.



      _______ _   _X______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130006934



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130006934



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1