BOARD DATE: 13 May 2014 DOCKET NUMBER: AR20140003378 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, in effect, correction of his military records to show he contracted for Medical Additional Special Pay (MASP) for the years 2011-2012 and 2012-2013. 2. The applicant states his medical specialty is 60S (Ophthalmologist). He was stationed in Philadelphia on active duty to attend a civilian training fellowship in Orbital, Oculoplastic and Reconstructive surgery. He received his other bonuses on schedule; however, the civil servant administrator at the Fort Sam Houston Student Detachment refused his repeated requests to file for the MASP bonus. He finally brought the matter to the attention of the Commander of the Student Battalion who immediately agreed that the denial of his bonus during these 2 years was in error. 3. The applicant indicates on his application that he provided an Army Medical Department (AMEDD) Special Pay Record Brief. However, it was not received by this Board. CONSIDERATION OF EVIDENCE: 1. At the time of the applicant's application, he was serving in the Regular Army as a lieutenant colonel, pay grade O-5, at Fort Sam Houston, Texas. 2. In the processing of this case a staff advisory opinion was obtained from the Chief, AMEDD, Special Pay Branch, Office of The Surgeon General (OTSG). a. The opinion stated that a review of the applicant's special pay and finance records indicated he had executed and received payment for annual MASP contracts at $15,000/year effective 1 October 2001, 1 October 2010, and 1 October 2013. There was no record of a created, executed, processed, or paid MASP effective for 1 October 2011 or 1 October 2012. b. The applicant must bear responsibility for his part of the contract preparation, to include inquiry as to eligibility, requesting a contract to be initiated and executing the contract by signature up to 90 days in advance or within 30 days after the effective date; otherwise, the effective date must be reestablished as date of signature. All contracts outside of the policy for signature date or received outside of the funded fiscal year, are returned without action. c. The applicant was eligible for receipt of annual MASP contracts at $15,000/year effective 1 October 2011 and 1 October 2012. The applicant had executed multi-year contracts encompassing this same period (1 October 2010-30 September 2014); therefore, the applicant's requested MASP contracts may have been misinterpreted by the supporting unit as already being completed; therefore, there was inaction to support another request. 3. On 3 April 2014, a copy of the advisory opinion was forwarded to the applicant for his information and opportunity to respond. No response was received. DISCUSSION AND CONCLUSIONS: 1. The applicant contends, in effect, that his military records should be corrected to show he contracted for MASP for the years 2011-2012 and 2012-2013. 2. The opinion rendered by the OTSG clearly states the applicant was fully qualified and eligible for MASP for the years in question. Furthermore, OTSG believes that the applicant's requests for MASP contracts may have been misinterpreted by the supporting unit as already being completed resulting in their refusal to support another request. 3. In view of the above, it would be appropriate to grant the applicant's request as a matter of equity. 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. showing the applicant entered into MASP contracts in a timely manner for the periods 1 October 2011 and 1 October 2012; and b. paying the applicant all monies due as a result of these two MASP contracts. _______ _ 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) AR20140003378 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140003378 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1