RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01505

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He receive Additional Special Pay (ASP) for 2014 and 2015.  

APPLICANT CONTENDS THAT:

He did not receive ASP for 2014 and 2015.  He believed he was no longer eligible for ASP when he signed the Multi-year Incentive Special Pay (MISP) contract with an additional four year commitment.  He recently learned he was eligible for this pay and would like to receive it.  

The applicant’s complete submission, with attachment, 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).

According to the Legacy ISP or MSP Medical Corps (MC) Contract Request dated 26 September 2013, the applicant signed a four year MISP/MSP contract effective 1 October 2013 for $30,000 MISP and $40,000 MSP annually.  

On 24 May 2016, the applicant signed a one year ASP MC Contract effective 1 July 2016 for $15,000.  

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/Medical-Chaplain Career Management recommends denial for retroactive ASP for 2014 and 2015 in accordance with paragraph 1.4.3 of the Medical Corps Officer Special Pay Plan.  The applicant’s negligence in researching provided information and utilizing provided resources does not constitute an error on the part of the Air Force.  

A MC officer is eligible for ASP once they arrive at their first duty station.  It is the MC officer’s responsibility to submit an ASP contract to start the pay, as this incentive pay is given by a contract.  The applicant contacted AFPC/DP2SSM (Medical Special Pay) for information on his MISP and ASP.  He was told by the MC representative that his last ASP contract expired on 30 June 2014.  At that time, the applicant could have consulted with the MC Representative on his eligibility for ASP in 2014 and 2015.  The applicant provides pages from the MC Officer Special Pay Plan in his case submission.  This indicates he had accessibility to the documentation to determine his eligibility for the ASP and did not do so.  

The pay plans for each specific corps are updated on the Medical Special Pays Knowledge Exchange each fiscal year.  They are easily accessible to all medical service members.  Paragraph 1.4.3 of both the FY14 and FY15 Medical Officer Special Pay Plans state the following:  “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/Medical-Chaplain Career Management 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 13 December 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 injustice.  We note the Air Force office of primary responsibility (OPR) recommends denial indicating it was the applicant’s responsibility to determine his eligibility and apply for ASP accordingly.  However, we are persuaded the applicant was not properly made aware of his eligibility to receive ASP and do not doubt he would have submitted ASP contracts for 2014 and 2015 had he been properly made aware.  Furthermore, we are persuaded the Air Force benefitted from the applicant’s service as a physician during the period for which he was entitled to receive ASP and do not find it would be in the interest of justice to deny him the ASP to which he was entitled to receive.  In view of the above, and in the interest of justice, 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:

    a. He submitted Additional Special Pay (ASP) Medical Corps (MC) Contract Requests for the period effective 1 July 2014 to 30 June 2015 and for the period of 1 July 2015 to 30 June 2016, and his contract requests were approved.  

    b. He be paid ASP in the amount of $15,000 for the contract period of 1 July 2014 to 30 June 2015 and ASP in the amount of $15,000 for the contract period of 1 July 2015 to 30 June 2016.    

The following members of the Board considered AFBCMR Docket Number BC-2016-01505 in Executive Session on 3 August 2017 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01505 was considered:

	Exhibit A.  DD Form 149, dated 26 March 2016, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/Medical-Chaplain Career
 	  Management, dated 21 June 2016, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 13 December 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.