RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04109

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The effective date of his Additional Special Pay (ASP) contract be changed from 1 August 2015 to 13 July 2015.  

APPLICANT CONTENDS THAT:

He completed dental residency and became board certified in April 2015.  On 15 May 2015, he initiated the process to receive board specialty pay through his clinic’s credentials manager.  On 18 June 2015, he submitted a Consolidated Special Pay (CSP) contract effective 13 July 2015.

Shortly before the CSP contract was mailed, he was informed that board certification pay is not compatible with CSP contracts and that he instead needed to sign an ASP contract.  His credentials manager was unaware of this rule.

He was then instructed to complete an ASP contract but was also informed that before he could submit the ASP contract, his Air Force Specialty Code (AFSC) needed to be updated to reflect an “M” prefix denoting his board certification.  His Commander’s Support Staff (CSS) did not know how to make the update to his records.  By the time the medical special pay office received his ASP contract it was in early August 2015 and he was informed he was not eligible for the back pay as requested.

It is unjust to deny his request due to a delay in submission that was out of his control.  He worked with the available personnel to the best of his ability to ensure appropriate paperwork was submitted in a timely manner.

In further support of his request, he provides e-mail communique to corroborate the delays in submitting his ASP 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 captain (O-3).

According to the applicant’s FY15 DC ASP Form, Additional Special Pay (AS) Dental Corps (DC) Contract Request, dated 4 August 2015, his request for ASP with payment in the amount of $12,000 upon execution of the contract was approved effective 1 August 2015.  

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/DP2N recommends approval.  While the applicant and the staff at his medical facility did not familiarize themselves with the appropriate pay plans, they made a concerted effort to rectify their error once it was discovered in the pay plan.  Per 37 U.S.C. § 335, there is no retroactive language for backdating/retroactive pay. 

The applicant did not consult the Dental Special Pay Plan, therefore, he did not realize he was not eligible for board pay and participation in the CSP program at the same time.  He was then advised by a colleague to instead apply for the ASP to receive the stipend.  While the applicant and his medical group credentials manager did not consult the Dental Special Pay Plan for eligibility requirements, the applicant did make an earnest effort to submit the ASP documents on time.  The delay seems in part due to the applicant and credentials manager’s belief that an “M” prefix was required, which is not the case with ASP contracts.  Once the knowledge was gained and the contract submitted, a significant amount of time had passed.  The applicant was advised by the medical special pay office that the information could not be backdated and he was advised to seek correction through the AFBCMR.    

A complete copy of the AFPC/DP2N 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 2 June 2016 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.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  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 his FY15 DC ASP, Additional Special Pay (AS) Dental Corps (DC) Contract Request, dated 4 August 2015, be amended to reflect an effective date of 13 July 2015 in the amount of $12,000.  

The following members of the Board considered AFBCMR Docket Number BC-2015-04109 in Executive Session on 6 October 2016 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 16 September 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2N, dated 3 May 2016, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 2 June 2016.

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.