IN THE CASE OF: BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150008640 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 a retroactive 1-year Medical Additional Special Pay (MASP) contract in the amount of $15,000.00 effective 9 July 2014 to 8 July 2015. 2. The applicant states: a. He is an Army physician. b. He declined his entitled MASP pay in July 2014 because he was anticipating entering medical residency in July 2015 and did not want to incur an obligation that would force him to report to residency late. c. He has now been forced to report to residency late (September 2015) and would like to receive his entitled MASP pay for the period July 2014 to July 2015. 3. The applicant provides: * U.S. Army Human Resources Command Assignment Instructions * email correspondence regarding MASP CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving on active duty in the rank of captain. 2. Records show he executed an MASP contract for $15,000.00 per year effective 9 July 2013 to 8 July 2014 with approval authorization. 3. He provided assignment instructions, dated 17 April 2015, which show he was selected to participate in a residency training program in emergency medicine at Madigan Army Medical Center for a period of 3 years beginning 10 September 2015 and ending 9 September 2018. 4. The available records do not contain an executed MASP contract for $15,000.00 for the period 9 July 2014 to 8 July 2015 with approval authorization. 5. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of the Surgeon General, dated 15 July 2015. The advisory official states: a. A review of special pay and finance records indicate the applicant had executed and received payment for 1-year MASP contract effective 9 July 2013 to 8 July 2014. There is no record of a prepared, executed, processed, or paid MASP contract effective 9 July 2014 to 8 July 2015. b. Officers must bear responsibility for their part of the contract preparation, to include the inquiring as to eligibility, requesting contract initiation, 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 established 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. c. The applicant rightfully declined the 1-year MASP contract in the amount of $15,000.00 effective 9 July 2014 to 8 July 2015 in anticipation of entering his medical residency training program. He would have executed and fulfilled the obligated contractual MASP period if informed of the delay and because he had been delayed due to no cause of his own, he should be paid the 1-year MASP contract in the amount of $15,000.00 effective 9 July 2014 to 8 July 2015. 6. On 6 May 2015, the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond. 7. Title 37, U.S. 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 are: a. Variable Special Pay that is paid to all Medical Corps officers monthly upon entry on active duty; b. Board Certification Pay that is paid monthly to all board-certified Medical Corps officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date; c. MASP that is paid to all Medical Corps officers upon completion of internship (not during initial residency) at the current rate of $15,000.00 (less taxes) for a 1-year active duty obligation that can be served concurrently with all other obligations; d. Incentive Special Pay (ISP) that is paid based on a variable rate to selected Medical Corps officers who hold the specialties eligible to receive this pay for a1-year active duty obligation that may be served concurrently with all other obligations; and e. Multi-year Special Pay that is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps officers based on their specialty. This pay is authorized concurrently with MASP and ISP. DISCUSSION AND CONCLUSIONS: 1. The applicant requests a retroactive 1-year MASP contract in the amount of $15,000.00 effective 9 July 2014 to 8 July 2015. 2. The evidence shows he executed a 1-year MASP contract in the amount of $15,000.00 per year in July 2013. 3. He contends he declined his entitled MASP contract in July 2014 because he was anticipating entering medical residency in July 2015 and did not want to incur an obligation that would force him to report to residency late. 4. The evidence shows he was selected to participate in a residency training program in April 2015 for a period of 3 years beginning 10 September 2015 and ending 9 September 2018. 5. It appears he would have executed and fulfilled the obligated contractual MASP period if informed of the residency training program delay. Since the delay was no fault of his own, and per the advisory official's recommendation, it would be equitable to correct the applicant's record to show he executed an MASP contract in the amount of $15,000.00 for the period 9 July 2014 through 8 July 2015 and to pay him this specialty 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 executed an MASP contract in the amount of $15,000.00 for the period 9 July 2014 through 8 July 2015; b. showing the MASP contract was timely received and processed by the appropriate office; and c. paying him any monies due as a result of the above corrections. _____________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) AR20150008640 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008640 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1