RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-01372
		INDEX NUMBER: 128.06

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The four year Multi-Year Special Pay (MSP)/Multi-Year Incentive Special Pay (MSIP) agreements he signed on 1 October 2003, be changed to two-year agreements, and the Active Duty Service Commitment (ADSC) associated with the MSP/MISP agreements and date of separation (DOS) be changed to 1 July 2006.

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THE APPLICANT CONTENDS THAT:

When he signed the four-year MSP/MISP agreements, he was led to believe he had to sign a four-year agreement, rather than a two-year agreement to receive the increased MISP amount of $42,000.00.  However, he later was advised that a two-year agreement was all that was required.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the grade of colonel.

On 9 October 2003, he completed a Fiscal Year 2004 (FY04) Medical Officer Multi-Year Special Pay (MSP) Agreement, in which he agreed to receive $15,000.00 annually for a period of four years.

On 9 October 2003, he completed an FY04 Medical Officer Multi-Year Incentive Special Pay (MISP) Agreement, in which he agreed to receive $42,000.00 annually for a period of four years, and agreed to incur a four-year ADSC.

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AIR FORCE EVALUATION:

AFPC/DPAMF2 recommends the application be denied and states, in part, that when the Fiscal Year (FY04) Pay Plan was implemented, the applicant renegotiated a four-year MSP/MISP and his agreement was approved by his commander.  The agreement gave him the option of signing for 2, 3, or 4 years.  The FY04 Special Pay Program agreements for 2, 3, or 4 year MSP/MISP were posted on the website at the same time and the Air Force based future manning decisions on his request for retainability to 30 September 2008.  

The AFPC/DPAMF2 evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

Contrary to the evaluation’s assertion, he would not have incurred the same ADSC if he signed a two-year commitment.  He would only have incurred a 2-year commitment, rather than a 4-year commitment.  He signed the four-year agreement because the paperwork was insufficient in clarity regarding the requirements for upgrade from $36,000.00 to $42,000.00 MISP.  He and another colonel were under the impression that it took a four-year MISP.  It was not until later, they discovered a two-year agreement would have been sufficient.

Applicant’s complete response is at Exhibit E.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After thoroughly reviewing the evidence of record and noting applicant’s contentions, we are not persuaded that at the time he renegotiated his MSP/MISP agreements, he was misled that he had to sign a four-year agreement, rather than a two-year agreement, to be eligible to receive increased MSP.  The statements from applicant’s commander and the Director, Diagnostic Imaging Flight, are duly noted; however, in the absence of statements from the individuals at his local military personnel flight and AFPC that allegedly miscounseled him, we believe he has failed to meet his burden of establishing he was miscounseled.  The MSP/MISP agreement applicant signed gave him the option of agreeing to receive two, three, or four years of MSP/MISP payments, for which he would incur the same active duty service obligation (ADO) as the number of years he was agreeing to receive MSP/MISP.  Based on his renegotiated agreement, which he voluntarily entered into, he will receive the benefit of increased annual MSP/MISP payments for four years.  In view of the above, and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2004-01372 in Executive Session on 21 July 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAMF2, dated 6 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 14 May 04.
    Exhibit E.  Letter, Applicant, dated 17 May 04.