RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01734 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

She receive retroactive Consolidated Special Pay (CSP) for Biomedical Sciences Corps (BSC) Board Certification Pay (BCP) effective 27 June 2015 to 31 March 2016.

APPLICANT CONTENDS THAT:

She completed the necessary paperwork for BCP during the recruitment.  She was informed that the BSC CSP BCP contract with her Board Certified Diploma in Clinical Social Work (CSW) was forwarded to the appropriate parties for processing.

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

STATEMENT OF FACTS:

On 18 February 2015, the applicant signed the CSP BCP contract.

According to Reserve Order D-0315, dated 27 April 2015, the applicant was appointed as Ready Reserve Category AA officer in the Air Force Reserve on 27 February 2015.

According to documentation provided by the applicant, she received a Board Certified Diploma in CSW on 5 May 2015.

According to the Statement of Service dated 12 August 2015, the applicant entered the Regular Air Force on 27 June 2015, and is serving in the grade of first lieutenant (01).

According to the Fiscal Year (FY) 2015 Selected Health Profession of the Biomedical Service Corps Pay Plan, paragraph 5.2. Initial BP states:

5.2.1. CSP BP requires a contract. 

5.2.1.1. The effective (execution) date is the first day of the month in which the member signs the contract, as long as they meet all eligibility criteria. 

5.2.1.2. BP will not be paid prior to the date of the diploma (clinical masters or higher), approved certification status (board, certification, or Diplomate agency listed in Table 2), Extended Active Duty (EAD) date, or the first day of the month in which the member signs the contract; whichever is latest. 

5.2.1.3. The BP contract is indefinite and will continue to be paid out on a monthly basis for the duration of the officer’s career. It is the officer’s and Chief of Medical Staff (SGH)/credentials manager’s responsibility to notify AFPC/DPANF1 if/when certification lapses at any point to discontinue payments and avoid recoupment. 

5.2.1.4. New/annual contracts and/or updated certificates are not required and should not be sent to AFPC/DPANF1. 

5.2.2. Officers requesting initial BP must submit copies of appropriate diplomas and certifications from an sponsor/responsibility/board listed in Table 2) along with the contract to the credentials manager for eligibility verification.

AFI 41-109, Special and Incentive Pay for Health Professions Officers, states Board Pay (BP) is authorized to designated health professionals who have achieved board certification.

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 granting the applicant’s request, indicating there is evidence of an error or injustice.

The applicant provided copies of the documentation she claims she submitted to the appropriate parties for BCP.  However, AFPC/DP2SSM was not specifically named and there is no evidence AFPC/DP2SSM received it.  While there is no communication thread citing the applicant’s routing of her information, DP2N believes the applicant did make a concerted effort to get her information to the appropriate office on time.

Title 37 United States Code 302, contains no retroactive language to allow for the backdating/retroactive pay of special pay.

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 14 February 2017, 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 APPLICANT be corrected to show that competent authority approved her request for Consolidated Special Pay for Biomedical Sciences Corps (BSC) Board Certified Pay (BCP) for the period 27 June 2015 to 31 March 2016.

The following members of the Board considered AFBCMR Docket Number BC-2016-01734 27 July 2017, in Executive Session on under the provisions of AFI 36-2603:

	Mr. XXXXXXXXXXXXXXXX, Panel Chair
	Mr. XXXXXXXXXXXXXXXXXXXXXX, Member
	Mr. XXXXXXXXXXXXXXXXXXXX, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01734 was considered:

	Exhibit A.  DD Form 149, dated 25 Apr 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPAR, dated 11 Jul 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Feb 17.

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.