RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04161 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: She receive Additional Special Pay (ASP), effective 1 July 2009 and Incentive Special Pay (ISP), effective 1 October 2009. APPLICANT CONTENDS THAT: She was unaware that she was eligible for medical special pay upon completion of Adult Psychiatry Residency Training in June 2009. She received no medical special pay guidance from the Air Force Institute of Technology/Reserve Officer Training Corps and did not realize she was entitled to receive the pay until the fall of 2012. She contacted the Medical Special Pay Manager at AFPC, who informed her how to proceed. However, in December 2013, their office had stopped processing requests for retroactive medical special pay. In support of her requests, the applicant provides a personal statement, copies of memorandums, Annual Medical Corps Officer Professional Development Worksheet, Option Form 41, Routing and Transmittal Slip; certificates, and various other documents associated with her requests. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of major. AIR FORCE EVALUATION: AFPC/DPANF recommends approval. An ASP or ISP contract was not received from the applicant in 2009. She provides certificates validating her initial residency and specialty training/residency. Since she was not at a Military Treatment Facility (MTF), she did not receive or have access to medical special pay information and therefore, was unaware she was eligible for ASP or ISP. The applicant has consistently received ASP and ISP since her first assignment to a military medical facility. Based on her eligibility and lack of information at the time she was attending civilian training, providing her the requested relief would be appropriate. Title 37 United States Code (USC), chapter 5, subchapter 302 authorizes several types of medical special pays for health officers in the Armed Forces to include ASP and ISP. ASP and ISP contracts require the officer to “enter into a written agreement” (37 USC 335(f)) 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. On 5 June 2005, the applicant entered active duty, the approximate time she started her initial residency. On 30 June 2009, she completed the initial residency training and on 30 June 2010, she completed the specialty training. According to the Fiscal Year 2009 (FY09), AF Medical Officer pay plan, the applicant would have been eligible for ASP on 1 July 2009, after completing her initial residency training on 30 June 2009; however, no contract was submitted for processing. According to the FY10 AF Medical Officer pay plan, the member must have a current, valid, unrestricted license, execute a written agreement to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of the ISP and must be credentialed and privileged at a MTF in the specialty for which ISP is to be paid. There is an exception for those physicians that are not credentialed and privileged at a MTF. The exception: The Surgeon General of the Air Force (or designee) may approve recommendations for ISP payments to fully qualified physicians assigned to positions “that preclude the ability to spend appropriate time in a clinical setting.” According to the same pay plan, the effective date for ISP shall be calculated from the completion of the qualifying training plus three months. The single-year ISP shall not be paid during the same fiscal year in which the qualifying residency training is completed. Based on the exception by the Surgeon General and the applicant completing her initial/qualifying training on 30 June 2009 (FY09), she would have been eligible for ISP on 1 October 2009 (FY10); however, no contract was submitted for processing. A copy of the complete AFPC/DPANF evaluation, with attachments, is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 June 2015, for review and comment within 30 days (Exhibit C). 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. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of an error or injustice. Therefore, we recommend the applicant’s records be corrected to the extent indicated below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that: a. On 30 June 2009, she submitted an Additional Special Pay (ASP) Medical Corps (MC) Contract Request for the period 1 July 2009 through 30 June 2010 and competent authority approved her application for ASP of $15,000 annually for the period 1 July 2009 through 30 June 2010. b. On 30 September 2009, she submitted an Incentive Special Pay (ISP) Medical Corps (MC) Contract Request for the period 1 October 09 through 30 September 2010 and competent authority approved her application for ISP of $20,000 annually for the period 1 October 2009 through 30 September 2010. The following members of the Board considered AFBCMR Docket Number BC-2014-04161 in Executive Session on 7 July 2015, 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 19 August 2014, w/atchs. Exhibit B. Letter, AFPC/DPANF, dated 19 March 2015, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 3 June 2015.