MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 July 2000
	DOCKET NUMBER:   AR1999031336

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John P. Infante		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:  In effect, that he be paid Medical Additional Special Pay (MASP).

APPLICANT STATES:  In effect, that he was not paid MASP for the period beginning in July 1998.  He claims to have signed documents with his unit commander, brigade commander, and hospital commander that verify his entitlement to MASP.  In support of his application, he has provided the enclosed 1st endorsement, signed by the Commander (CDR) of Brooke Army Medical Center (BAMC), that recommends approval of his request to receive MASP for 1998.

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

He was appointed a Captain in the Medical Corps of the United States Army Reserve (USAR), effective 20 May 1988.  He entered active duty in that capacity on 1 June 1992 and served continuously for 6 years, 10 months, and 21 days.  On 21 April 1999, he was discharged, under other than honorable conditions (UOTHC).  The authority for his separation was paragraph 4-2b and paragraph 
4-24a (1) of Army Regulation 600-8-24, and the narrative reason for his separation was unacceptable conduct.  

On 14 April 1999, the applicant submitted a memorandum addressed to the CDR, BAMC, requesting that he receive back MASP for 1998.  He indicated in this request that he had not received MASP because his separation from the Army seemed imminent; however, that did not occur and his receipt of the pay was warranted.  

On 21 April 1999, the CDR, BAMC signed a 1st endorsement to the applicant’s request for MASP.  In this endorsement, the CDR recommended approval of MASP for the applicant for 1998 based on the reasons outlined in the applicant’s basic request.  

In the processing of this case an advisory opinion was requested and received from the Office of the Surgeon General (OTSG), dated 5 May 2000.  It opined, in effect, that the applicant was eligible to execute a one-year obligatory MASP contract on 1 August 1998, if he was going to be retained on active duty for the one-year contract period of 1 August 1998 through 30 September 1999.  However, the applicant was released from active duty in April 1999.  The OTSG further opined that the applicant acknowledged that he failed to execute the MASP contract because he thought his release from active duty was imminent.  

Finally, the OTSG stated that MASP contracts can only be executed when a member has sufficient tenure to complete the contract period.  They further commented that there should be no prorated periods of an MASP contract authorized in view of the facts in this case.  In addition, there is no policy or procedure that would support the applicant’s request for MASP.  On 
18 May 2000, the OTSG opinion was referred to the applicant, however, to date he has failed to respond or provide a rebuttal to this advisory opinion.

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.  MASP contracts are only executed when an officer has sufficient tenure to complete the contract period.  In this case, by the applicant’s own admission he declined to sign a MASP contract because he believed his separation from the Army was imminent.  In addition, the record shows that he was, in fact, discharged from the Army more than 3 months prior to what would have been the completion date of his MASP contract.  Therefore, based on the applicant’s failure to execute an MASP contract, the Board finds that relief is not warranted in this case.

2.  Notwithstanding the recommendation of the CDR, BAMC, it is clear there are no policies or procedures that would allow prorating the applicant’s MASP contract, given the facts and circumstances of his case.  The Board determined that the applicant did not meet the tenure prerequisites necessary to execute an MASP contract at the beginning of the period in question, as evidenced by his separation for unacceptable conduct prior to the projected MASP contract ending date.  Therefore, the Board concludes the applicant’s contention that he is entitled to back MASP lacks merit.

3.  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.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___cmf__  ___ew___  ____jpi__  DENY APPLICATION

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

INDEX

CASE ID	AR1999031336	
SUFFIX		
RECON		
DATE BOARDED	2000/07/06	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	1999/04/21	
DISCHARGE AUTHORITY	AR 600-8-24 C4	
DISCHARGE REASON	Misconduct	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  283	128.0000	
2.		
3.		
4.		
5.		
6.