RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-03518

							COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

She receive retroactive payment for an Incentive Special Pay (ISP) Nurse Corps (NC) contract for the period 1 October 2014 through 30 September 2015.

APPLICANT CONTENDS THAT:

She attended an Air Force Institute of Technology (AFIT) training program in 2014; therefore, she is entitled to a one-year ISP NC contract.  She did not have access to government computer systems nor was she aware it was possible to apply for a special one-year ISP NC contract.  Therefore, she did not submit one for the 2014-2015 school year.  She is a health nurse practitioner and was on active duty during the 22-month AFIT assignment.

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

STATEMENT OF FACTS:

The applicant initially enlisted in the Regular Air Force on 24 July 1996 and was discharged on 26 August 2000 to accept an Air Force commission.

On 27 August 2000 the applicant was ordered to extended active duty in the grade of second lieutenant (O-2).  She is currently serving as a nurse in the Regular Air Force in the grade of major (O-4).

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/DPAN recommends denial indicating there is no evidence of an error or an injustice.  The error in question was due to the applicant’s inexperience with applicable special pay programs, not on the part of the Air Force.  Therefore, retroactive/back pay for the requested programs and timeframe is not warranted.  During the applicant’s 22-month AFIT training for the 2014-2015 school year, she was considered an Active Duty member.  The applicant, though in a civilian AFIT program, still had access to Air Force channels as well as her assignment officers to address questions and concerns.  Additionally, the Air Force Personnel Center, particularly AFPC/DPANF1, was available to address questions and concerns for inquiring members.  It is not clear if any of these channels were utilized prior to her contacting AFPC/DPANF1 in 2015.

The statute at issue (37 USC 335: Special bonus and incentive pay authorities for officer in health professions) contains no retroactive language to allow for backdating/retroactive pay.  The Nurse Special Pay Plan (Fiscal Year 2015, dated 10 December 2014), paragraph 1.4.3., outlines an officer’s responsibilities for ensuring their own special pay actions are submitted and accurate: “Each officer is ultimately responsible for requesting/monitoring his/her medical special pays and obligations.  Officers should maintain a copy of the pay plan and signed contract for record.”

A complete copy of the AFPC/DPAN evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1 December 2015, 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 an error or injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe that corrective action is warranted.  We note the comments of the Air Force OPR indicating the applicant had access to Air Force channels while she was assigned to a civilian AFIT program and that the error in question was due to her inexperience with applicable special pay programs.  The advisory is silent with respect to creating a violation of any monetary limit within the subject timeframe, so the Board believes this retroactive payment will not be challenged.  Additionally, based on the evidence presented, and given the fact that the applicant was a fully qualified member of a career field which the Air Force identified as requiring such specialty pay, we do not find it reasonable that the applicant would have knowingly elected not to receive the NC ISP had she known she was eligible to do so by completing a contract.  Therefore, we believe the interest of justice can best be served by providing the applicant the requested relief.  Therefore, we recommend the applicant’s records be corrected as set forth 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 30 September 2014, she submitted a Legacy Incentive Special Pay (ISP) Nurse Corps (NC) Contract Request for the period 1 October 2014 through 30 September 2015, and competent authority approved her application for ISP in the amount of $5,000 annually for the period 1 October 2014 through 30 September 2015.

The following members of the Board considered AFBCMR Docket Number BC-2015-03518 in Executive Session on 12 July 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

All members voted to correct the record as recommended.  The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 30 July 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFPC/DPAN, dated 30 November 2015, 
  w/atchs.
Exhibit D.  Letter, AFBCMR, dated 1 December 2015.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.