IN THE CASE OF: BOARD DATE: 15 December 2011 DOCKET NUMBER: AR20110012865 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 January through 31 December 2010. 2. The applicant states that due to his deployment in support of Operations Enduring Freedom (OEF) and Iraqi Freedom (OIF), he was neither available nor notified by Womack Army Medical Center, Fort Bragg, NC, when it was time to make his annual request for MASP. Later, he was informed that to receive his annual MASP bonus, he had to make a request for relief to this agency. He concludes by stating he has received MASP every year for the past 28 years. 3. The applicant provides copies of: * a memorandum for Chief, Special Pay Branch, Office of the Surgeon General, subject: Request for MASP, dated 13 June 2011 * his medical licenses for the State of Alabama and Maryland * a DA Form 4037 (Officer Record Brief) CONSIDERATION OF EVIDENCE: 1. After prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the Army, as a Medical Officer Candidate in the rank/grade of second lieutenant/O-1, on 11 June 1979. On 21 May 1983, upon completion of medical school, he was appointed as a commissioned officer in the Regular Army, in the rank/grade of captain/O-3, Medical Corps. 2. He was subsequently promoted to major/O-4 on 30 September 1987, lieutenant colonel/O-5 on 30 September 1993, and colonel/O-6 on 20 September 1999. He currently serves as the Command Surgeon, Special Operations Command Central (SOCCENT), MacDill Air Force Base, Tampa, FL. 3. The record is void of documentation showing he executed an MASP agreement for the period 1 January through 31 December 2010. A review of his record shows he executed MASP agreements for 2 subsequent years: 1 January through 31 December 2011 and 1 January through 31 December 2012. 4. The applicant provides a MASP agreement for the period 1 January through 31 December 2010 and medical licenses for Alabama and Maryland, which are current. 5. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General, Falls Church, VA on 11 October 2011. This official stated no objections to payment of this bonus for the period requested. A review of the applicant's record indicated no record of a MASP agreement submission for the period indicated. Although the applicant must bear the responsibility for his part of the agreement execution and submission, this outstanding MASP entitlement for the period requested is based on time served and his inability to comply with recertification timelines due to deployment. 6. The applicant was provided a copy of this advisory opinion for comments on 13 October 2011. He concurred via email the same day. 7. 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. 8. 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. DISCUSSION AND CONCLUSIONS: 1. The applicant's record does not indicate he submitted a request for MASP for the period 1 January through 31 December 2010, despite his clear entitlement to do so. 2. The Chief of the AMEDD Special Pay Branch supported payment of the outstanding MASP entitlement for the period requested, based on time served and the applicant's inability to comply with recertification timelines due to deployment. 3. The applicant is eligible for receipt of MASP, in the amount of $15,000, for the period 1 January through 31 December 2010. Accordingly, his records should be corrected to show entitlement to this pay. BOARD VOTE: ____X____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 he entered into a MASP contract for the period covering 1 January through 31 December 2010; and b. paying him retroactive MASP in accordance with his contract for the entire period covering 1 January through 31 December 2010, in the total amount of $15,000. ___________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) AR20110012865 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1