BOARD DATE: 15 December 2016 DOCKET NUMBER: AR20160015421 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: 15 December 2016 DOCKET NUMBER: AR20160015421 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. correcting her records to show her initial Medical Additional Special Pay (MASP) agreement was approved on the effective date of 5 August 2014 vice 1 October 2014; b. paying her any retroactive MASP she is entitled to for the period 5 August 2014 through 1 October 2014 as a result of this correction; and c. adjusting the effective dates of her subsequent MASP agreements from 1 October 2015 to 5 August 2015, and from 1 October 2016 to 5 August 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: 15 December 2016 DOCKET NUMBER: AR20160015421 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 correction of her records to show her Medical Additional Special Pay (MASP) agreement was approved effective 5 August 2014 instead of 1 October 2014. She further requests amendment of the effective dates of the MASP agreements she signed in subsequent years. 2. The applicant states, in effect, she signed her MASP agreement with an effective date of 5 August 2014; however, it was not was properly filed until 1 October 2014. This caused her to not receive approximately 2 months of MASP pay (from 5 August 2014 to 1 October 2014) and caused a cascading effect on her 2015 and 2016 MASP agreements start dates as well. 3. The applicant provides a copy of her State of Nebraska physician's license, dated 5 August 2014, and copies of her 2014 and 2105 requests for MASP, dated 5 August 2014 and 18 September 2015, respectively. CONSIDERATION OF EVIDENCE: 1. The applicant was selected for appointment and participation in the U.S. Army Health Professions Scholarship Program (HPSP), effective 28 May 2009. 2. The applicant executed an oath of office on 28 May 2009 and 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. The applicant was awarded 4 years of entry grade credit for obtaining her medical degree on 18 May 2013. On the same date, she executed an oath office in the Regular Army in the rank/grade of captain (CPT)/O-3. 4. The applicant was ordered to active duty at Madigan Army Medical Clinic, in the rank of CPT, to participate in an Internship training program at Madigan Army Medical Center beginning 1 July 2013 and ending 30 June 2014. She is currently assigned to Fort Wainwright, Alaska. 5. Her record contains the following: a. A completed request for MASP for a one-year continuous active duty period beginning 5 August 2014. This document was approved by the approval authority and signed by the applicant on 5 August 2014. b. A completed request for MASP for a one-year continuous active duty period beginning 1 October 2015. This document was approved by the approval authority and signed by the applicant on 18 September 2015. c. A completed request for MASP for a one-year continuous active duty period beginning 1 October 2016. This document was approved by the approval authority and signed by the applicant on 20 September 2016. 6. The applicant provides her medical license issued by the State of Nebraska. 7. In the processing of this case, an advisory opinion was obtained on 3 November 2016 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 adjustment of her annual MASP agreement at $15,000/year, effective for payment 1 October 2014, but was executed with an effective date of 5 August 2014. Officer had executed the agreement correctly; however, due to command approval issues, it was never processed and authorized for payment until 1 October 2014. 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 agreement 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. c. Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting agreement to be initiated, and executing the agreement 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. A review of special pay and finance records verified that the officer met the criteria and had executed a MASP agreement effective 5 August 2014. The officer was paid with an incorrect effective date of 1 October 2014, and her MASP has remained on a 1 October cycle. e. The officer was eligible and executed an entitlement category MSP agreement at $15,000/year effective 5 August 2014. Based on her extenuating circumstances to have the agreement approved, recommend her MASP effective date of 1 October 2014 be adjusted to 5 August 2014, with additional MASP agreement corrections following as 5 August 2015 and 5 August 2016. f. 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. g. The advisory official requested a final copy of the board results. 8. A copy of the advisory opinion was provided to the applicant on 4 November 2016 for comment and/or rebuttal. She responded by email on 2 December 2016, and concurred with the advisory opinion. REFERENCES: 1. 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. 2. 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: 1. The available evidence indicates the applicant was eligible for MASP and had executed the agreement on 5 August 2014; however, based on extenuating circumstances the agreement was not approved until 1 October 2014. Based on applicable law and regulation, the effective date of the agreement, in this case 5 August 2014, should be when eligibility for MASP begins. 2. The AMEDD Special Pay Branch confirmed the applicant's eligibility for MASP and the execution of the MASP effective 5 August 2014. They opined that the MASP effective date should be adjusted from 1 October 2014 to 5 August 2014. They further recommended that the subsequent MASP agreements' effective dates should be adjusted from 1 October 2015 to 5 August 2015, and from 1 October 2016 to 5 August 2016, based on the initial error. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015421 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015421 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2