BOARD DATE: 7 June 2018 DOCKET NUMBER: AR20170014019 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 that he prepared Medical Additional Special Pay (MASP) agreements effective 1 July 2015 and 1 July 2016, which were timely accepted and approved; and b. awarding him all back pay and allowance due him as a result of this correction, as determined by DFAS–IN. 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: 7 June 2018 DOCKET NUMBER: AR20170014019 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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: 7 June 2018 DOCKET NUMBER: AR20170014019 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 approval of retroactive annual Medical Additional Special Pay (MASP) agreements effective 1 July 2015 and 1 July 2016. 2. The applicant states, in effect: a. He would like to have his records reviewed for evaluation of back pay for MASP in the 2015 and 2016 work years. b. When he was leaving Tripler Army Medical Center and heading to Schofield Barracks, he processed through human resources and he was told that special pay was all in order. c. He inquired about his pay several times with finance and he was assured he was getting paid adequately. d. Recent discussions with colleagues revealed the error and the point of contact for the Army Medical Department (AMEDD) Special Pay Branch completed a review of his record detailing the pay deficiencies. 3. The applicant provides: * Medical Operational Data System Active Duty Obligation Worksheet * Orders 188-010, dated 7 July 2015 * Email between himself of an Army Official CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 25 March 2010. 2. He attended and completed the Army Medical Department (AMEDD) basic officer leader course (BOLC) for (Health Professions Scholarship Program (HPSP)/Reserve Component), on 26 July 2011. His branch was listed as MS (Medical Services) and his area of concentration as 70B (Health Services Administration). 3. His record contains a DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers), which shows he was awarded a Doctorate of Osteopathic Medicine (D.O.) on 8 June 2014, at which time he was appointed into a general surgery specialty. 4. The applicant is currently assigned to 27th Infantry Battalion, 1st Infantry Battalion, Schofield Barracks, Hawaii, serving as a field surgeon. 5. During the processing of this case a staff advisory opinion was obtained from the Chief, Special Pay Branch, Office of the Surgeon General (OTSG) recommending support of the applicant's request based improper counseling as to entitlement. The opinion states the following: a. Requests for contractual entitlement MASP (37 U.S.C. Section 302.(a)(4)) are initiated by the officer through their command's supporting Human Resources, Personnel, or S1 office. Eligibility criteria for the MASP agreement require officer to be in the Medical Corps with a full unrestricted medical license, and not currently in an internship or first residency training program. b. Officers must bear responsibility for their part of the agreement 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 effective date; otherwise, effective date must be reestablished as date of signature. c. A review of special pay and finance records indicates officer has never received the MASP agreement for any period and in turn, there is no record of a prepared executed, processed, or paid MASP contract effective 1 July 2015 or 1  July 2016. d. The applicant met the eligibility criteria for the entitlement category MASP agreement at $15,000/year effective 1 July 2015 and 1 July 2016, totaling $30,000 prior to any withholding. The exact payment will be determined by the Defense Finance and Accounting Services (DFAS)–Indiana (IN). 3. On 30 October 2017, a copy of the advisory opinion was forwarded to the applicant for his information and/or possible rebuttal. He did not respond. REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provides 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 $15,000.00 (less taxes) for a 1-year active duty obligation that can be served concurrently with all other obligations. DISCUSSION: The opinion rendered by the OTSG states that the applicant was fully qualified and eligible, to execute an MASP agreement at $15,000/year effective 20150701 and 20160701, totaling $30,000 and that he should be paid accordingly. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014019 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170014019 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2