IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150010594 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 payment of Medical Additional Special Pay (MASP), Board Certification Pay (BCP), and Medical Incentive Special Pay (ISP) for the years 2012, 2013 and 2014. 2. The applicant states: a. She was a direct accession in 2014, signed a 4-year contract, received an accession bonus at that time, and was told about special pays for the future. b. However she was informed by the recruiter that there were not any special pays for the term of the accession bonus. c. The payment of the last part of her accession bonus was due in March 2015, but it was not deposited into her account and the Defense Accounting and Finance Service (DFAS) has no record of it. d. The Finance and Human Resources office pointed out that she was due those special pays, and that she received confirmation of the fact in June 2015. e. She now has the memorandum for special pays this last year, but the local authority cannot go back any further. 3. The applicant provides: * orders A-09-122135 dated 30 September 2011 * DA Form 5074-R (Record of Award of Entry Grade Credit- Medical and Dental Officers) * United States Army Recruiting Command (USAREC) Form 1287 (Department of the Army Armed Forces Service Agreement Critical Wartime Skills Accession Bonus for Physician and Dental Specialist) with an effective date of 12 August 2011 * Email from the Office of the Surgeon General (OTSG) to the applicant dated 28 May 2015 * Memoranda for Surgeon General of the Army, Human Resources, Army Medical Department (AMEDD) Special Pay Branch * The University of the State of New York Education Department Office of the Professions Registration Certificates CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant signed USAREC Form 1287, which authorized her to receive a one-time accession bonus (AB) bonus payment of $220,000.00 with an effective date of 12 August 2011. 3. The applicant was appointed as a commissioned officer and executed an oath of office as a Regular Army commissioned officer on 8 March 2012. She was appointed to the Medical Corps in the rank/grade of lieutenant colonel (LTCOL)/O-5. 4. On 8 March 2012, she entered active duty and was assigned to the Dewitt Army Community Hospital at Fort Belvoir, VA. 5. A DA Form 1059 (Service School Academic Evaluation Report) shows she completed the AMEDD Officer Basic Course on 22 May 2012. 6. The applicant’s record shows she signed a MASP agreement in the amount for $15,000.00. She agreed to serve for a period of one-year of continuous active duty with an effective date of 8 March 2015. Her record is void of MASP agreements prior to the effective day of 8 March 2015. 7. The applicant record shows she signed an ISP agreement in the amount for $20,000.00. She agreed to serve for a period of one-year of continuous active duty with an effective date of 8 March 2015. Her record is void of an ISP agreement prior to the effective date of 8 March 2015. 8. An advisory opinion was obtained from the 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 BCP, an annual MASP contract at $15,000/year, and an annual ISP contract at $20,000/year for the years 2012, 2013, and 2014. The applicant indicated that they had received an AB and were advised that they were not eligible for BCP, MASP or ISP during the AB period. b. A review of the supplied documentation and special pay and finance records indicates the following details: (1) Officer entered active duty on 8 March 2012 as a fully qualified Pediatrician and was authorized a 4-year AB for $220,000.00 (payable $55,000.00/year) for the period 8 March 2012 to 7 March 2016. (2) Officer is in receipt of BCP at $2,500.00 (payable $208.33/month) which was effective and started on 22 May 2014, and is without expiration. (3) Officer executed and received payment for an annual MASP contract at the lump sum rate of $15,000.00/year effective 8 March 2015 to 7 March 2016. There are no other MASP contracts on record. (4) Officer executed and received payment for an annual ISP contract at the Pediatrician lump sum rate of $20,000.00/year effective 8 March 2015 to 7 March 2016. There are no other ISP contracts on record. 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. Officer was eligible for BCP, MASP, and ISP during the AB period and was erroneously advised that they were not able to request BCP, or execute MASP or ISP contracts. e. The OTSG recommends the following corrections: (1) Authorize retroactive BCP for the prorated 26-month period of 8 March 2012 to 21 May 2014, totaling approximately $5,513.00 prior to any withholding adjustments. The exact payment will be determined by DFAS utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 8 May 2009 for the correct pay rates. (2) Authorize retroactive annual MASP contracts at $15,000.00/year for the 3-year period covering 8 March 2012 to 7 March 2015, totaling approximately $45,000.00 prior to any withholding adjustments. The exact payment will be determined by DFAS. (3) Authorize retroactive annual ISP contracts at $20,000.00/year for the 3-year period covering 8 March 2012 to 7 March 2015, totaling approximately $60,000.00 prior to any withholding adjustments. The exact payment will be determined by DFAS. 9. A copy of the advisory opinion was forwarded to the applicant on 2 November 2015, for information and to allow her the opportunity to submit comments or a rebuttal; however, she did not respond. 10. 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. 11. 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. 12. 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. 13. 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 BCP, ISP and MASP for the years 2012, 2013, and 2014 was carefully considered. 2. The available evidence indicates the applicant was eligible for BCP, MASP and ISP during the requested time periods; however, it appears she did not execute the respective agreements due to being given erroneous information. 3. According to the Chief of the AMEDD Special Pay Branch it would be appropriate to: a. Authorize retroactive BCP for the prorated 26-month period of 8 March 2012 to 21 May 2014, totaling approximately $5,513.00 prior to any withholding adjustments. The exact payment will be determined by DFAS utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 8 May 2009 for the correct pay rates. b. Authorize retroactive annual MASP contracts at $15,000.00/year for the 3-year period covering 8 March 2012 to 7 March 2015, totaling approximately $45,000.00 prior to any withholding adjustments. The exact payment will be determined by DFAS. c. Authorize retroactive annual ISP contracts at $20,000.00/year for the 3-year period covering 8 March 2012 to 7 March 2015, totaling approximately $60,000.00 prior to any withholding adjustments. The exact payment will be determined by DFAS. 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. Authorizomg retroactive BCP for the prorated 26-month period of 8 March 2012 to 21 May 2014, totaling approximately $5,513.00 prior to any withholding adjustments. The exact payment will be determined by DFAS utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 8 May 2009 for the correct pay rates. b. Authorizing retroactive annual MASP contracts at $15,000.00/year for the 3-year period covering 8 March 2012 to 7 March 2015, totaling approximately $45,000.00 prior to any withholding adjustments. The exact payment will be determined by DFAS. c. Authorizing retroactive annual ISP contracts at $20,000.00/year for the 3-year period covering 8 March 2012 to 7 March 2015, totaling approximately $60,000.00 prior to any withholding adjustments. The exact payment will be determined by DAFS. ___________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) AR20150010594 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1