RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-01964
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

She receive Incentive Pay (IP) for the period of April 2015 to March 2016.  

APPLICANT CONTENDS THAT:

She did not receive her IP as requested.  She provides a copy of her IP contract.  

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 captain (O-3).  

The applicant provides a copy of her Consolidation of Special Pays (CSP) Incentive Pay (IP) Biomedical Science Corps (BSC) Contract Request dated 27 April 2015 in which she requests a one year IP contract effective on 24 April 2015 for $5,000 annually in equal monthly installments in the amount of $416.66.  

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

AFPC/Medical-Chaplain Career Management recommends approval of the applicant’s request for retroactive pay of her IP contract for the period of 24 April 2015 to 23 April 2016.  While there is no communication thread citing the applicant’s routing of her information, AFPC/Medical-Chaplain Career Management believes she made a concerted effort to rectify the error.  However, 37 U.S.C. § 335 contains no retroactive language for them to allow for backdating/retroactive pay.

The applicant was able to reproduce a contract.  She does not mention who the contract was sent to and there is no record it was received by AFPC/DP2SSM (Medical Special Pays).  There is also no e-mail documentation from the applicant or her leadership to show a thread of conversations concerning the applicant’s inquiry into her missing documentation.  However, the applicant does make a concerted effort to establish there were errors in her case and follows up to get appropriate funds for her Board Certification Pay.   
 
A complete copy of the AFPC/Medical-Chaplain Career Management evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In an e-mail dated 4 January 2017, the applicant states she has no further comments and agrees with the recommendation in the advisory opinion.  

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:

    a. On 23 April 2015, the applicant signed the Consolidation of Special Pays (CSB) Incentive Pay (IP) Biomedical Sciences Corps (BSC) Contract Request for a one-year commitment for the period of 24 April 2015 to 23 April 2016, for an IP annual amount of $5,000 to be paid in equal monthly installments of $416.66, and her contract was approved.      

    b. She be paid $5,000 for her one-year IP contract for the period of 24 April 2015 to 23 April 2016.  

The following members of the Board considered AFBCMR Docket Number BC-2016-01964 in Executive Session on 3 August 2017 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 May 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/Medical-Chaplain Career 
			  Management, dated 19 July 2016, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 19 December 2016.
	Exhibit E.  E-mail, Applicant, dated 4 January 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.