RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05017

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His active duty service commitment (ADSC) of 11 November 2022 be changed to reflect 11 November 2018.  

APPLICANT CONTENDS THAT:

He was advised in 2013 by the Chief of Medical Staff (SGH) during a counseling session to sign for the Multi-Year Incentive Special Pay (MISP) four year program.  At the time he had a Health Professions Loan Repayment Program (HPLRP) commitment.  However, the SGH informed him that the commitment for both programs will run concurrently, putting him at an ADSC date of 2018.  

He noticed in March 2015, during his career path counseling that his ADSC was annotated as 11 November 2022.  If he had been advised that the two programs were continuous, he would have only chosen one program, allowing him to make a career path decision at the four year mark.  

He was advised by the Total Workforce Service Center on 20 November 2015 that the bonus programs run continuous.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of major (0-4).  

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:

The Medical Force Management Branch recommends denial.  It appears the applicant did not understand and misinterpreted the Medical Corps Special Pay Plan.  Education commitments, such as the HPLRP, are added consecutively, and not concurrently, as the applicant was led to believe.  

The applicant alleges that he was advised by his chief of medical staff during a counseling session that his MISP and HPLRP commitments would run concurrently, or in conjunction with each other.  This is incorrect information.  The applicant should have verified with AFPC/DP2SSM (Medical Special Pays), the applicable ADSC required for the MISP, when coupled with the HPLRP.  The applicant also should have sought out AFPC/DP2SSM’s assistance to ascertain the difference between consecutive and concurrent ADSCs.  

The applicant submitted a three year multi-year incentive special pay (MISP) and special pay (MSP) contract with an effective date of 12 November 2012, incurring an ADSC of 11 November 2015.  

The applicant then signed an HPLRP contract on 14 March 2013, incurring a two year ADSC.  For this particular education commitment, a two year obligation is mandated to be added to any additional ADSCs.  Therefore, the two year HPLRP ADSC was added to the applicant’s MSP ADSC (consecutively, not concurrently) and the applicant’s ADSC was extended to 11 November 2017.  

In accordance with the Medical Corps Special Pay Plan, ADSC for initial or medical education and training, such as HPLRP and previous multi-year pay contracts will be served before serving the ADSC for a new or renegotiated MSP.  Specifically, the MSP ADSC is served consecutively to the HPLRP ADSC, regardless of whether MSP was entered into before or after acceptance of HPLRP.  

The applicant submitted a four-year MISP/MSP contract with an effective date of 12 November 2013.  The four year ADSC for this contract was added to the 11 November 2017 HPLRP ADSC.  This placed the obligation date for the four year MISP at 12 November 2017 and extended his MSP ADSC to 11 November 2021.  Although this contract constituted a renegotiation of the applicant’s 2012 contract; it was erroneously processed as a new contract.

The applicant submitted a four year MISP/MSP contract in 2014 with an effective date of 12 November 2014.  His obligation date was updated to 12 November 2018 and his ADSC was extended from 11 November 2021 to 11 November 2022, by one year.  This contract was correctly processed as a renegotiation.  

In November 2015, AFPC/DP2SSM identified the error made when the 2013 contract was incorrectly processed as a new contract.  To correct the error, the obligation date of the 2013 MSP contract was changed to 12 November 2015 and the ADSC was changed to 11 November 2019.  As a result of this correction, the obligation date for the 2014 MSP contract was corrected to 12 November 2016 and the ADSC was corrected to 11 November 2020.  

A complete copy of the Medical Chaplain 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 14 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.  Insufficient 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; however, we 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 not been the victim of an error of injustice.  Although we did note, that in the OPR advisory the term “consecutive” and “concurrent” is used interchangeably, ADSCs for education commitments are always served consecutively to any member’s existing ADSC and in accordance with Title 37 United States Code (USC) Section 335. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 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-2015-05017 in Executive Session on 6 April 2017 under the provisions of AFI 36-2603:

Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 20 November 2015.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, Medical Chaplain, dated 8 March 2016. 
                 w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 14 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.