RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03988

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His medical service grade and pay be computed as a sports medicine provider, instead of as a family physician.

APPLICANT CONTENDS THAT:

On 20 July 2015, he entered active duty as a direct accession from the Air National Guard (ANG) and is currently a flight surgeon. His recruiter made an atrocious mistake regarding his proposed annual salary.  Prior to transitioning to active duty, he practiced for 12 years as a civilian, non-surgical sports medicine/orthopedic physician.  His recruiter calculated his special pay based on Air Force Specialty Code (AFSC) 45BD, Sports Medicine, which is the only specialty code listed for sports medicine.  This AFSC allows for an Incentive Special Pay (ISP) in the amount of $57,000 and a Multi-year Special Pay (MSP) of $55,000 annually.  He signed a four year contract with the Air Force purported on receiving an annual salary of $239,320, to include the specialty pay computations.

On 21 August 2015, upon inquiring about his special pay, the AFPC medical special pay representative advised him the previous specialty pay calculations were erroneous and that his correct AFSC is 44F3 (family physician), which corresponds to an ISP of $20,000 and an MSP of $38,000 annually.  This drastic cut in salary is a burden to his family since it is considerably less than his annual civilian salary.  He is the sole provider for his family of five and he has two high school aged children preparing to go to college.  He is also repaying his medical school loans.  He is not eligible for a loan repayment or flight surgeon bonus.

In light of this mistake, AFPC provided him the option of accepting the corrected annual salary, appeal to the AFBCMR or consider separation from the Air Force due to financial hardship.  He would rather consider a more viable option other than separating.  He hopes the Board will allow him to receive his original proposed annual salary throughout the entirety of his four year contract.  

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

STATEMENT OF FACTS:

The applicant is in the Regular Air Force currently serving in the grade of lieutenant colonel (O-5).  His Primary AFSC is 48R3, Residency Trained Flight Surgeon, his Secondary AFSC is 44F3, Family Physician, and his duty title is “Flight Medicine Element Chief.”

On 3 October 2014, the applicant signed AFRS Form 1431, Estimated Medical Service Grade and Pay Computation Worksheet, which reflects AFSC 48R, Flight Surgeon, and total estimated pay and allowances as $9360.00 monthly and $239,320.00 annually.  Item 6, Statement of Understanding, states “I understand that this IMT does not constitute a contract.  This IMT only serves as an estimate for grade, pay and allowances.  Final computation, which may differ, are performed by Air Force Personnel Center, Randolph AFB TX.”

The applicant provides a letter from his recruiter dated 31 August 2015, which states he was given guidance the applicant would be paid based on a primary specialty of sports medicine and completed the AFRS Form 1431 AFSC 45B3.  However, AFPC advised in order to be paid as a sports medicine physician, he must be an orthopedic surgeon.  He stated in his opinion an orthopedic surgeon and sports medicine physician should have different classifications or an identifier to preclude this problem.  

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

AFPC/DPANF2 indicates the applicant has not exhausted available administrative remedies and recommends approval of the applicant’s request to have his pay computation reassessed.  The error in question was made by Air Force Recruiting Service (AFRS) as they did not seek proper information prior to advising the applicant.  AFRS should have contacted AFPC/DP2SSM (Medical Special Pays) personnel for information and assistance on computation for a medical provider in a certain specialty.  Additionally, literature pertaining to providers and pay rates are available in the Medical Officer Special Pay plan, for both FY14 and FY15.  

In order to be classified as a sports medicine provider, a member would have to first complete a residency as an orthopedic surgeon, and then complete a separate fellowship for the sports medicine specialty.  Based on the recruiter’s erroneous information to the applicant, he entered the Air Force with incorrect information and pay computation.    

A complete copy of the AFPC/DPANF2 evaluation is at Exhibit C.

AFRS/RSO recommends denial.  The applicant’s Primary AFSC is a family physician.  The recruiter incorrectly computed his estimated pay computation based on sports medicine provider, which was an overestimation of nearly $54,000.  The AF Form 1431, Estimated Medical Service Grade and Pay Computation Worksheet, is not a contract but is an “estimate.”  In order to be classified as a sports medicine provider, he would have to first complete a residency as an orthopedic surgeon and then complete a separate fellowship for the sports medicine specialty.  Based on the recruiter’s AF Form 1431, he was estimated to receive $57,000 annually for ISP and $55,000 for MSP.  However, the estimate should have been calculated for him to receive $20,000 annually for ISP and $38,000 for MSP for a residency trained family physician.  The applicant does not meet the requirements for ISP/MSP as a sports medicine provider and should not receive the estimated dollar amount as calculated on AFRS Form 1431.  AFPC Medical Special Pay correctly calculated his special pay based on his experience and residency training.  Therefore, the applicant is being paid according to his experience and residency training

A complete copy of the AFRS/RSO evaluation, with attachment, is at Exhibit D.   

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He is a primary care sports medicine physician who has completed a family practice residency and a sports medicine fellowship.  Upon reviewing his credentials, his recruiter noted he was a sports medicine specialist and identified him as such according to the list of physician specialties which included “sports medicine” as a specialty.  He understands he signed AFRS Form 1431, Estimated Medical Service Grade and Pay Computation, which indeed is not a contract.  Nonetheless, he was misled to believe he would receive an additional $50,000 per year.  The significant reduction in annual income has resulted in financial challenges because the money was factored into covering his family’s annual cost of living expenses.  

A complete copy of the applicant’s submission is at Exhibit F.  

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 an error or injustice.   We note AFPC/DPANF2 indicates the applicant has not exhausted available administrative remedies and recommends AFRS reassess his medical pay computation.  In this respect, AFRS/RSO provided an evaluation which states that based on the applicant’s experience and residency training he is not qualified to receive special pay as a sports medicine provider as requested and that he is receiving the correct special pay incentive for which he is qualified as a family physician.  In view of this, we find the AFRS/RSO evaluation sufficient to find his pay computation has been recalculated and he has exhausted available administrative remedies.  Accordingly, we find his application is ripe for adjudication by this Board.  The applicant contends he was misled to believe he would receive $239,320.00 annually as a sports medicine provider.  However, as pointed out by AFRS/RSO and acknowledged by the applicant in his rebuttal response, the AF Form 1431 is a worksheet and not a contract.  The AF Form 1431, which the applicant signed on 3 October 2014, specifically states the IMT is not a contract and final computations, which may differ, are performed by AFPC.  While it is unfortunate his recruiter incorrectly calculated the estimated amount of specialty pay he would receive on the AF Form 1431, we do not find the incorrect pay calculation rises to a level of an injustice to warrant granting the requested relief.  Therefore, we agree with the opinion and recommendation of AFRS/RSO and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-03988 in Executive Session on 2 and 10 May 2017 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Forms 149, dated 30 August 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPANF2, dated 8 September 2016.
	Exhibit D.  Memorandum, AFRS/RSO, dated 19 September 2016,
			  w/atch.  
	Exhibit E.  Letter, AFBCMR, dated 29 March 2017.
	Exhibit F.  Letter, Applicant, dated 20 April 2017.

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.