RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	`	DOCKET NUMBER: BC-2014-03650 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
She receive Additional Special Pay (ASP), authorized to her as a member of the Medical Corps, for 2013.

APPLICANT CONTENDS THAT:
Her ASP contract was submitted to the Air Force Personnel Center (AFPC), but not processed; therefore, she was never paid ASP in 2013.

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

STATEMENT OF FACTS:
On 17 Apr 12, the applicant was appointed a member of the regular Air Force in the grade of captain (O-3).

The applicant provided an ASP Medical Corps Contract Request, intended for FY13 single year ASP, signed by the applicant on 3 Jul 13, approved and endorsed by the Commander, 81st Medical Group on 24 Jul 13.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:
AFPC/DPANF recommends denial indicating there is no evidence of an error or an injustice. Title 37 United States Code, Chapter 5, Subchapter 302 (37 USC 302) authorizes ASP is one of many special pays for medical officers in the Armed Forces. ASP contracts require the medical officer to execute a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts

the award of such special pay. Implementing instructions and guidance on special pay for medical officers may be found on the Air Force Medical Service Medical Special Pays Knowledge Exchange web page. Access to this information is available to all AF members with a DotMil account.

According to the Special Instructions for Endorsement and Submission of Medical Special Pays Contracts, AFPC/DPANF1 will send an email confirmation upon receipt of the contract and each officer is ultimately responsible for requesting/monitoring his/her medical special pays and obligations and officers should maintain a copy of the pay plan and signed contract for record should questions or delays arise. Contracts should be submitted via fax, email, or mail up to 60 days prior to the requested effective date. While the member provided a copy of a signed/endorsed FY13 ASP contract in the BCMR package, AFPC/DPANF1 does not have a record of receiving a FY13 ASP contract to process prior to this request.

The applicant met all requirements for ASP eligibility; however, there is no record a timely, completed contract was received by AFPC. According to the email traffic included in her request, the first inquiry about the 2013 ASP payment is in August 2014, a year after the requested payment. In this case, there is no evidence an error occurred by the Air Force. Further, the statute authorizing ASP (37 USC 302) contains no retroactive language to allow for the backdating/retroactive pay and SAF/GC determined that since the law does not allow for special pays to be backdated, functional communities have no legal authority to approve this practice. The only means to request backdating/retroactive/backpay is to submit a BCMR request.

It is recommended the board deny the applicant’s request because a timely completed contract was not submitted within the required time frame.

A complete copy of the AFPC/DPANF evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4 May 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

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

2.	The application was timely filed.
1.	

3.	Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice. While we note the comments of AFPC/DPANF indicating that relief should be denied because the applicant’s records contain no documentation substantiating the applicant’s contention that she submitted a request for ASP in a timely manner, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note the OPR’s acknowledgment the applicant met all the conditions to receive ASP, had her contract request been received in a timely manner. Further, we note the applicant has provided sufficient evidence to convince the Board her organization’s Clinical Services Assistant submitted the applicant’s ASP contract request. No evidence exists AFPC rejected or disapproved the ASP contract request. The Board finds it is more likely than not the applicant submitted her ASP contract request in a timely manner and was not aware AFPC did not timely receive or process it; therefore, we recommend the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating  to  the  APPLICANT  be  corrected  to  show  that  on
1 July 2013, she submitted an Additional Special Pay (ASP) Medical Corps (MC) Contract Request for the period 1 July 2013 through 30 June 2014 and competent authority approved her application for ASP of $15,000  annually  for  the  period  1  July  2013  through 30 June 2014.

The following members of the Board considered AFBCMR Docket Number BC-2014-03650 in Executive Session on 30 Jun 15 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The following documentary evidence was considered:

Exhibit A.	DD Form 149, dated 28 Aug 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPANF, dated 31 Dec 14. Exhibit D.	Letter, SAF/MRBR, dated 4 May 15.