BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150006665 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, retroactive award of Medical Additional Special Pay (MASP) for the period 1 September 2012 through 31 August 2013, and Incentive Special Pay (ISP) for the period 1 October 2012 through 30 September 2013. 2. The applicant states: * he is a medical doctor, on active duty since 1 September 2010, who was not paid his MASP and ISP in 2012 * he deployed on 1 April 2011 in support of Operation Enduring Freedom (OEF) and returned to Fort Drum, New York on 31 March 2012 * he then executed a permanent change of station (PCS) move to Tripler Army Medical Center (AMC), Hawaii in June 2012 * he communicated with his special pay manager at Tripler AMC regarding the non-payment of his MASP and ISP; however, to date there has been no action * too much time has elapsed preventing any back pay through normal channels and within a timely manner 3. The applicant provides copies of his DA Form 4037 (Officer Record Brief (ORB)), his State of New Hampshire Board of Medicine medical license, and Orders DR-074-0001, issued by Headquarters, U.S. Army Garrison, Fort Drum on 15 March 2011. CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer and executed an oath of office on 6 May 2010. He executed an oath of office as a Regular Army commissioned officer on 27 August 2010. He was appointed in both instances to the Medical Corps in the rank/grade of captain/O-3. 2. He entered active duty on 1 September 2010 and was assigned to the U.S. Army Medical Activity (MEDDAC) at Fort Drum, New York. 3. He completed the Army Medical Department (AMEDD) Officer Basic Course on 10 December 2010. 4. He deployed to Afghanistan in support on OEF on or about 1 April 2011. His ORB indicates his deployment ended on 29 March 2012. 5. He was promoted to the rank/grade of major/O-4 on 25 May 2012. 6. His record shows he executed a PCS move to Tripler AMC on or about 5 June 2012. 7. His record shows he completed MASP agreements in the amount of $15,000.00 for the following periods: * 1 September 2010 through 31 August 2011 * 1 September 2011 through 31 August 2012 * 1 September 2013 through 31 August 2014 * 1 September 2015 through 31 August 2016 His record is void of MASP agreements for the periods 1 September 2012 through 31 August 2013 and 1 September 2014 through 31 August 2015. 8. His record shows he completed ISP agreements, in the amount of $20,000.00, for the following periods: * 1 September 2010 through 30 September 2011 * 1 October 2011 through 30 September 2012 * 1 October 2013 through 30 September 2014 * 1 October 2014 through 30 September 2015 * 1 October 2015 through 30 September 2016 His record is void of an ISP agreement for the periods 1 October 2012 through 30 September 2013. 9. An advisory opinion was obtained from the Office of the Surgeon General (OTSG) on 29 July 2015 in the processing of this case. The Chief, AMEDD Special Pay Branch, OTSG recommended approval. He stated: a. The applicant is requesting retroactive payment of a 1-year MASP contract at $15,000/year and a 1-year ISP contract at $20,000/year, both effective in 2012. He indicates that due to deployment and then a change in military assignments, he was unable to execute the appropriate contracts and now that time has passed, he is requesting retroactive authorization. b. A review of the supplied documentation and special pay and finance records indicates the applicant was deployed and changed installations during the requested contracted period. Additionally: (1) The applicant executed and received payment for MASP contracts at $15,000/year effective 20100901, 20110901, 20120901, 20130901, and 20140901. There are no missing MASP contractual payments during the period being requested. (2) The applicant executed and received payment for ISP contracts at the Family Practice rate of $20,000/year effective 20100901, 20111001, 20131001, and 20141001. There is no record of a created, executed, processed, or paid ISP contract for the period 20121001-20130930 (emphasis added). c. Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting contract to be initiated, and executing the contract by signature up to 90-days in advance or within 30-days after effective date. Otherwise, the effective date must be reestablished as the date of signature. All contracts executed outside of the policy for signature date or received outside the funded fiscal year, are returned without action. d. The applicant's special pay and finance records indicate all MASP contracts at $15,000/year have been paid for the total period covering 20100901- 20150831. There are no payments due and officer's request for MASP payment in 2012 cannot be supported (emphasis added). e. The applicant's special pay and finance records indicate ISP contracts at $20,000/year have been paid for the periods 20100901-20120930 and 20131001-20150930. There is no record of a created, executed, processed, or paid ISP contract at $20,000/year for the period 20121001-20130930, and he is eligible for retroactive payment (emphasis added). 10. A copy of the advisory opinion was forwarded to the applicant on 31 August 2015, for information and to allow him the opportunity to submit comments or a rebuttal; however, he did not respond. 11. Title 37, United States Code, Sections 301d, 302, 302f, and 303a, provide for multi-year retention bonuses and special pays for medical officers and health professionals of the armed forces. For Army Medical Corps officers (Physicians), these special pays include MASP, which is paid to all Medical Corps officers upon completion of internship (not during initial residency) at the current rate of $15,000 (less taxes) for a one-year active duty obligation that can be served concurrently with all other obligations. 12. The Department of Defense Military Pay and Entitlements Manual provides that medical officers on active duty are entitled to MASP provided they are not undergoing initial residency training. In order to qualify for MASP, an agreement must be signed to remain on active duty for at least 1 additional year from the effective date of the agreement. The MASP is paid annually in a lump sum effective the date of the agreement. 13. Title 37, U.S. Code, section 302, states that an officer of the MC of the Army or the Navy, or an officer of the Air Force designated as a medical officer, and who is on active duty under a call or order to active for a period of not less than 1 year, is entitled to special pay in accordance with this subsection. Subsection 5(b), paragraph (1) states that subject to subsection (c) and paragraph (2) and under regulations prescribed under section 303a(a) an officer may be paid ISP for any 12-month period during which the officer is not undergoing medical internship or initial residency training. The amount of ISP paid to an officer under this subsection may not exceed $50,000.00 for any 12-month period. 14. Volume 7A, chapter 5, section 050301, of the Department of Defense Financial Management Regulation states that to be eligible for ISP a medical officer must be below the grade of O-7; have a current, valid, unrestricted license or approved waiver; have completed specialty qualification before 1 October 2008; and execute a written agreement to remain on active duty for a period of not less than 1 year beginning on the date the officer accepts the award of ISP. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for retroactive award of MASP for the period 1 September 2012 through 31 August 2013, and ISP for the period 1 October 2012 through 30 September 2013, was carefully considered. 2. The available evidence indicates the applicant was eligible for MASP and ISP during the requested time periods; however, it appears he did not execute the respective agreements due to his deployment to Afghanistan and PCS move from Fort Drum, New York to Tripler AMC in Hawaii. 3. According to the Chief of the AMEDD Special Pay Branch: a. All MASP contracts at $15,000/year have been paid for the total period covering 20100901–20150831 and there are no payments due. b. The applicant's special pay and finance records indicate ISP contracts at $20,000/year were paid for the periods 20100901-20120930 and 20131001-20150930. There is no record of a created, executed, processed, or paid ISP contract at $20,000/year for the period 20121001-20130930, and he is eligible for retroactive payment. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X______ _X_______ _X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing he requested payment of ISP in the amount of $20,000 for the period 1 October 2012 through 30 September 2013 * paying him ISP at the rate of $20,000, less deductions, for the period 1 October 2012 through 30 September 2013 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to granting the applicant retroactive award of MASP for the period 1 September 2012 through 31 August 2013. _________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) AR20100000488 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006665 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1