IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150011565 BOARD VOTE: ____X_____ ___X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150011565 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 showing he executed a timely, properly constructed, and approved Medical Additional Special Pay (MASP) contract for the period July 2014 through June 2015 and paying him in accordance with this contract. ______________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. IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150011565 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 retroactive approval of a 2014 Medical Additional Special Pay (MASP) contract at the rate of $15,000.00 per year. 2. The applicant states: * he is a medical doctor serving on active duty * he was not paid his MASP in 2014 and is requesting retroactive payment * he was unable to sign for his MASP in 2014 due to a family crisis wherein his wife abandoned his home and took his two children with her * it was a very chaotic year for him * his life is now stable and he is able to focus more clearly 3. The applicant provides: * Officer Record Brief, dated 30 June 2015 * State of Hawaii Department of Commerce and Consumer Affairs physician license CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer of the Army on 15 May 1996. He is currently serving as a Regular Army Medical Corps officer in the rank of lieutenant colonel. 2. He provided a copy of his State of Hawaii physician license, showing an expiration date of 31 January 2016, which was current at the time of his application submission. 3. He also provided a copy of his Officer Record Brief, dated 30 June 2015, which corroborates his status as a Medical Corps officer with assignment as a rheumatologist from 19 August 2013 through the date of the brief. 4. On 15 March 2016, the Board received an advisory opinion from the Office of the Surgeon General Army Medical Department Special Pay Branch regarding the applicant's request for retroactive MASP. It states: * requests for the contractual entitlement MASP are initiated by the officer through his/her command's supporting human resource office * eligibility criteria for the MASP contract require the officer to be in the Medical Corps with a full unrestricted license and not currently in an internship or first residency training program * a review of special pay and finance records verified the applicant met the criteria and had executed previous MASP contracts effective 1 July 2013 and 1 July 2015 * there is no record of a prepared, executed, processed, or paid MASP contract effective 1 July 2014 * officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting initiation of the contract and executing the contract by signature up to 90 days in advance or within 30 days of their effective date * otherwise, the effective date must be reestablished as the date of contract signature * the applicant was eligible and would have been authorized to execute an entitlement category MASP contract at $15,000.00 per year effective 1 July 2014 through 30 June 2015 * based on the applicant's extenuating circumstances, latitude should be considered in this petition * in accordance with Army Regulation 37-104-4 (Military Pay and Allowances Policy), settlement actions resulting from correction of records by the Army Board for Correction of Military Records require the Director, Defense Finance and Accounting Services action 5. The applicant was provided a copy of this advisory opinion and concurred with the opinion on 1 April 2016. REFERENCES: All Army Activities (ALARACT) Message 367/2010, dated 6 December 2010, subject: Army Medical Corps Officer Special Pay Policy, Plan, and Rates, states MASP is paid annually to Medical Corps officers who are not participating in internship or initial residency training. Officers must possess a current, unrestricted license or have an approved Department of Defense waiver. Officers must maintain the license or waiver during the period of the MASP agreement to retain eligibility. Entitlement to pay is contingent upon execution of a legally-binding written agreement to remain on active duty for 1 year beginning on the effective date of the agreement. Annual rate regardless of years of creditable service is $15,000.00 per year. DISCUSSION: 1. Records indicate the applicant is currently serving on active duty as a Medical Corps officer and maintains a physician license from the State of Hawaii, current as of the date of his application submission. 2. ALARACT Message 367/2010 states entitlement to MASP is contingent upon maintaining a current medical license and executing a legally binding written agreement to remain on active duty for 1 year beginning the effective date of the agreement. 3. Although the applicant failed to execute the requisite legally-binding contract for the period July 2014 through June 2015, he submitted written MASP agreements for the years previous and subsequent. 4. As verified by the Army Medical Department Special Pay Branch, he served the required 1-year term from July 2014 through June 2015, was fully eligible for MASP, and would have been authorized to receive MASP for that period had he submitted the written agreement. 5. The Office of the Surgeon General recommends latitude in consideration of the applicant's request considering his extenuating personal circumstances. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011565 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011565 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2