RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02256

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His 2013 Medical Special Pay renegotiation contract be reinstated.

APPLICANT CONTENDS THAT:

He completed and forwarded his MISP/MSP contract through his Medical Group leadership, as required.  He had no reason to believe that after forwarding his information to his leadership, and his leadership approving and forwarding the contract to the Air Force Personnel Center (AFPC) that his contract would not be processed.  He never received the email from AFPC stating an age waiver was necessary to process his MISP/MSP due to the email was sent to an old military email address 6 weeks after he started Graduate Medical Education (GME).  Additionally, in good faith, he signed an Active Duty Service Commitment (ADSC) in 2013 to accept assignment for GME partly based on the prospect of a MISP/MSP contract in place during, and extending beyond the GME.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of Lieutenant Colonel, O-5.

On 16 Apr 13, the applicant acknowledged and agreed to incur a 2-year Active Duty Service Commitment (ADSC) for Retirement Eligible Permanent Change of Station (PCS).

On 26 Apr 13, according to the documentation provided by the applicant, he was issued PCS orders.

On 21 Aug 13, according to the documentation provided by the applicant, his request for Multi-Year Incentive Special Pay (MISP) and Multi-Year Special Pay (MSP) (MISP/MSP) was approved, effective 30 Jun 13 for 4 years, as evidenced by Legacy ISP or MISP and MSP MC Contract Request.   

On 20 Oct 15, the applicant was approved for retention on active duty under Title 10 U.S. Code Section 1251, United States Code, Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions, until 30 Jun 18

On 11 Dec 15, the applicant’s request for Single Year Incentive Special Pay (ISP) was approved, effective 1 Nov 15, as evidenced by Legacy Incentive Special Pay or MISP and MSP Medical Corps (MC) Contract Request.

On 25 Jul 16, the applicant’s request for MISP/MSP was approved, effective 30 Jun 16 for 2 years, as evidenced by Legacy ISP or MISP and MSP MC Contract Request.   

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-Chaplain OPR recommends denial indicating there is no evidence of an error or an injustice.  The special pay plan for each of the corps contain verbiage that notifies members of the requirement to request an age waiver (if applicable).  This information was readily available during the timeframe the applicant specifies on the Air Force Knowledge Exchange (KX) Medical Special Pays’ homepage, and continues to be updated before the beginning of each fiscal year.  In accordance with (IAW) the Fiscal Year 2013 (FY13) Legacy Medical Officer Special Pay plan, paragraph 1.3.1.1.1., “Upon reaching age 61, officers who wish to remain on active duty beyond age 62, but not to exceed age 68, must obtain an approved age waiver and submit the waiver with the special pay contract.  NOTE:  Officers in the rank of Lieutenant Colonel and below may request Date of Separation (DOS) waivers and age waivers through the appropriate assignments office at AFPC/DPAN, Non-Line Officer Management Division.  DOS changes and age waivers for officers in the rank of Colonel and above are management by AF/DPO (The Colonel’s Group).”

The applicant, after discovering that an age waiver was necessary, applied for the age waiver, but was denied.  Had the applicant reviewed the FY13 Legacy Medical Officer Special Pay Plan in a timely manner, he would have had the opportunity to support and/or defend the reasons that an age waiver should be approved, and monies from the contract could have possibly been disbursed in a timely fashion.  

AFPC/DP2SSM contacted the applicant in good faith after discovering there was no age waiver in place.  However, AFPC/DP2SSM is not required to notify members of requirements that would deem them eligible for special pay actions.  IAW FY13 Legacy Medical Officer Special Pay Plan, paragraph 1.4.3., “Each officer is ultimately responsible for requesting/monitoring his/her medical special pays and obligations.”  Failure of the applicant to review and comply with the specific guidance mentioned above denotes negligence on his part, not the part of AFPC/DP2SSM nor the Air Force.

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 7 Dec 16 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 OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an injustice.  In this respect, we conclude the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice.  In view of the above and in the absence of persuasive evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD RECOMMENDS 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-2016-02256 in Executive Session on 27 Jul 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 27 May 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, Medical-Chaplain, dated 29 Aug 16, 				  w/atch.
	Exhibit D.  Letter, AFBCMR, dated 7 Dec 16, w/atch.

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.