RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02380 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receive retro-active Additional Special Pay (ASP) for 2012 and 2013. APPLICANT CONTENDS THAT: While stationed in Germany, he missed signing ASP contracts for two years (2012 and 2013). This was an honest error due to the complex military pay system and his lack of understanding. It also resulted in significant financial loss of $30,000 in special pay. He realigned bonuses after completion of a fellowship and mistakenly thought the ASP was included in the alignment. Once the special pay branch informed him of the oversight, he was told they could not resolve any back pay issues and to contact the Board. He hopes this can be remedied as he has a continued commitment through 2021. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is active duty serving in the grade of lieutenant colonel. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. AIR FORCE EVALUATION: AFPC/DPANF recommends denial. The applicant previously submitted single year ASP contracts in 2000, 2004, 2009, 2010 and 2011. The ASP contract has always been its own separate contract and never combined with any other pay type contract and for only one-year in length. Each ASP contract states "I will incur a one-year active duty service obligation (ADO)". The 2011 Multiyear Special Pay and Multiyear Incentive Special Pay (MSP/MISP) contract the applicant submitted indicates only MSP and MISP to include rates annotated by the member for the only two pay types on the contract (MSP and MISP). ASP is not indicated on the MSP/MISP contract, nor was the rate for ASP annotated on the MSP/MISP contract that the member states he mistakenly assumed was included. While he would have been entitled to ASP in 2012 and 2013, no contracts were submitted to start the pay. He contends that he did not understand the pay system; however, he properly submitted ASP contracts for previous years. Additionally, the FY11 MC Pay Plan, section J.1 states that ASP is for a twelve month period. The 2011 MSP/MSIP contract does not include any language to include ASP. According to the Comptroller General, retroactive administrative pay is generally prohibited barring an administrative error. In addition, when interpreting statutes, there is a presumption against retroactivity. Statutes should not generally be read to have retroactive effect unless specific language requires. Furthermore, the statute at issue 37 USC 302 contains no retroactive language. In this case, there was no administrative error on the part of the Air Force. Approving pay for contracts that were not submitted would set a precedent that members do not have to follow the proper submission criteria. A complete copy of the DPANF evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He understands the Board's position and contends that this was not an administrative error as it pertains to processing a form on the Air Force's part; however, it is still reasonable to view this as an administrative error. Prior to reconciling his bonuses, he spent approximately two hours on the phone with a specialist at the AFMS special pay branch getting counseled and advised on the various options. Clearly, he did not truly understand that when he realigned his contracts and took a multi-year bonus that he needed to submit new requests for the ASP. While this is clear at this time, he did not understand that this was the requirement otherwise he would have completed the forms as required. He has a long commitment to the Air Force and it simply makes no sense why he would not fill out a form to qualify for a bonus whose commitment serves concurrently with his service commitment. The only logical reason is that he honestly did not believe this was the requirement. He appreciates the Boards consideration on this matter. He is happy to submit forms and serve any required commitments associated with his military bonuses. He does not feel that supporting a retroactive payment of this bonus is detrimental to the Air Force in any fashion. He also does not believe receiving retroactive pay for this mistake provides him any "unfair advantage." The applicant’s complete response is at Exhibit E. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After thoroughly reviewing the evidence of record and the applicant’s complete submission, to include his response to the Air Force advisory, we are not persuaded that a change in the record is warranted. While the applicant contends he was unaware of the requirement to complete ASP contracts each year, we do not find his assertions and the documentation presented in support of his appeal sufficiently persuasive to override the rationale provided by Air Force office of primary responsibility. Therefore, we agree with their opinion and recommendation and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2014-02380 in Executive Session on 12 March 2015, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 Jun 14, w/atchs. Exhibit B. Applicant’s Master Personnel Record Excerpts. Exhibit C. Letter, AFPC/DPANF, dated 29 Aug 14. Exhibit D. Letter, SAF/MRBR, dated 12 Nov 14. Exhibit E. Letter, Applicant’s Response, dated 10 Dec 14, w/atch.