BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20160010302 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 BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20160010302 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 a MASP contract for the period 1 June 2015 through 31 May 2016 in a timely manner and that his request was approved in a timely manner; and b. paying him retroactive MASP in the amount of $15,000 for the period 1 June 2015 through 31 May 2016. ___________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. BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20160010302 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 Medical Additional Special Pay (MASP) in the amount of $15,000 for the period 1 June 2015 through 31 May 2016. 2. The applicant states during the period in question he was performing duties as an active duty licensed primary care physician. He resigned from his residency training program and then became a licensed physician serving in a family medicine clinic and then at the Warrior Transition Battalion at Madigan Army Medical Clinic, Tacoma, WA. He was unaware of MASP and upon learning of this additional pay, immediately applied for the coming year (1 June 2016 through 31 May 2017). He requests consideration for the preceding year's MASP. 3. The applicant provides a copy of his State of Nebraska physician's license, dated 17 August 2012. CONSIDERATION OF EVIDENCE: 1. The applicant was selected for appointment and participation in the U.S. Army Health Professions Scholarship Program (HPSP), effective 11 April 2007. 2. The applicant executed an oath of office on 21 April 2007 and he was appointed as a Reserve commissioned officer in the Army, in an unassigned branch, in the rank/grade of second lieutenant (2LT)/O-1. 3. He was awarded 4 years of entry grade credit for obtaining his medical degree on 5 May 2011, from the Medical College of Georgia in the specialty of general surgery. 4. He was ordered to active duty at Madigan Army Medical Clinic, in the rank/grade of captain (CPT)/O-3, for the purpose of acceptance of Regular Army appointment in the Medical Corps. He is currently assigned to Fort Hood, Texas. 5. His record shows he completed a request for MASP for a one year continuous active duty period beginning 1 June 2016, which was approved by his command. 6. His record is void of documentation that shows he executed an MASP agreement for the period cited in this request. 7. In the processing of this case, on 5 August 2016 an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General, Falls Church, VA. This official stated: a. The officer is requesting retroactive MASP at $15,000/year, effective 1 June 2015 to 31 May 2016, for the period after his resignation from his residency program when he performed duty as a general medical officer, a period in which he was not aware of his eligibility for the MASP. b. Requests for the contractual entitlement MASP (Title 37, U.S. Code, section 302 (a)(4)) are initiated by the officer through his or her command's supporting human resource/personnel/S-1 office. Eligibility criteria for the MASP contract require the officer to be in the Medical Corps with a full unrestricted medical license, and not currently in an internship or first residency training program. A review of special pay and finance records verified that the officer met the criteria and had executed a MASP contract effective 1 June 2016. There is no record of a prepared, executed, processed, or paid MASP contract effective 1 June 2015. 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 their effective date; otherwise, the effective date must be reestablished as the date of signature. d. The officer was eligible and would have been authorized to execute an entitlement category MASP contract at $15,000/year effective 1 June 2015 to 31 May 2016. e. In accordance with Army Regulation 37-104-4 (Military Pay and Allowances Policy, 8 June 2005), chapter 20 (Settlement Actions Resulting from Correction of Records by the Army Board for Correction of Military Records (ABCMR)), only the Director, DFAS-Indianapolis (DFAS-IN) may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the ABCMR, per the provisions of Army Regulation 15-185 (Army Board for Correction of Military Records). Therefore, any ABCMR relief granted should be addressed for action to the Corrections-Claims Section, DFAS-IN. f. The advisory official requested a final copy of the board results. 8. A copy of the advisory opinion was provided to the applicant on 8 August 2016 for comment and/or rebuttal. He did not not respond. REFERENCES: 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 (MC) 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 $15,000.00 (less taxes) for a 1-year active duty obligation that can be served concurrently with all other obligations. DISCUSSION: 1. The applicant requests MASP for the period of 1 June 2015 through 31 May 2016. 2. The AMEDD Special Pay Branch confirmed the applicant was eligible to execute a 1-year MASP contract for $15,000 per year effective 1 June 2015. 3. The evidence of record shows he requested MASP for the following year; therefore, it is logical to assume that had he been counseled or aware of his eligibility, he would have requested MASP for the period cited in this request. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010302 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010302 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2