RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2014-05118 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be paid for his Medical Corps Additional Special Pay (ASP) from the dated he entered active duty on 8 Jul 14.

APPLICANT CONTENDS THAT:
He completed the necessary paperwork in a timely fashion for his ASP contract to the local credentialing office.

Manpower issues and changes in the office caused his paperwork to be delayed for final approval until November 2014. He was told this could not be backdated so he would have to file a DD Form 149, Application for Correction of Military Record.

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

STATEMENT OF FACTS:
The  applicant  initially  entered  the  Regular  Air  Force  on
8 Jul 14, and is currently serving in the rank of Captain (0-3).
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 approval. Authority: Title 37 United States Code, Chapter 5, Subchapter 302 (37 USC 302) authorizes several types of special pays for medical officers in the Armed Forces. ASP is covered under 37 USC 302(a) (4). An ASP contract requires 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 (37 USC 302(c)).

Implementing instruction and guidance on special pay  for medical officers may be found in Department of Defense Financial Management Regulation 7000.14-R, Volume 7A, Chapter 5; Memorandum from the Office of the Assistant Secretary of Defense, Health Affairs; "Medical and Dental Officer Special Pay Plans", dated 30 Sep 1O; Department of Defense Directive 6000.12E; Health Services Support, dated 6 Jan 11 and incorporating change 1, effective 3 Oct 13; Air Force Instruction 41-109, United States Air Force (USAF) Medical Officer Special Pay Plan (legacy), dated 1 Oct 13 (atch 2).

The applicant submitted his contract for approval/endorsement as soon as he became aware he was eligible for ASP. According to the FY14 USAF Officer Special Pay Plan (1.4.2.), contracts may be effective the first day of the month in which the officer signed the contract. The member's ASP effective date is 1 Aug 14. Per the pay plan, the member was eligible for ASP on 8 Jul 14; however, he was not aware he was eligible for ASP until Aug 14; therefore, he initiated/signed his contract in Aug 14. Since he did not receive timely Medical Special Pays information until a month after his arrival to  Hurlburt Airfield FL, the applicant should be granted relief as requested, his ASP backdated to line up with his EAD, 8 Jul 14. Moving the effective date by one month will not change the payment amount to the member.

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 17 Mar 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.
3.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Having carefully reviewed the applicant’s submission and the evidence of record, we are persuaded that relief is warranted in this case. We note the office of primary responsibility has reviewed the applicant’s request and recommends approval to adjust the effective dates of the applicant’s 2014 and 2015 Additional Special   Pay   (ASP)  contracts.     We  agree  with  their
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recommendation.	Accordingly,	we	recommend	his	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:

a.	He applied for and was approved by competent authority to receive Additional Special Pay (ASP) with an effective date of
8 July 2014, which will adjust his active duty service commitment from 31 July 2015 to 7 July 2015.

b.	He was approved by competent authority to receive ASP with an effective date of 8 July 2015, which will adjust his active duty service commitment from 31 July 2016 to 7 July 2016.

The following members of the Board considered AFBCMR Docket Number BC-2014-05118 in Executive Session on 11 Aug 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 11 Dec 14.
Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPANF, dated 19 Feb 15. Exhibit D.	Letter, SAF/MRBR, dated 17 Mar 15.
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