RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02414

						COUNSEL:  NONE
	
						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

1.  He be paid Physician Specialty Pay from 10 Jun 02 to 27 Sep 02 and from 4 Mar 06 to 28 Jul 06.

2.  His personnel finance records be reviewed for Physician Specialty Pay from 1984 through 1987.

APPLICANT CONTENDS THAT:

He was called to Active Duty as an Air National Guard physician and he did not receive Physician Specialty Pay for Obstetrics and Gynecology for which he was entitled during the time periods of 10 Jun 02 to 27 Sep 02 and from 4 Mar 06 to 28 Jul 06.  The error was due to the Human Resources personnel and Finance Section at his unit had a lack of knowledge regarding Physician Specialty Pay since he was the only Air National Guard physician called to Active Duty.  Additionally, he was active duty for the period of 1984 through 1987 and he does not recall receiving Physician Specialty Pay from 1984 through 1987.  The error occurred due to his lack of knowledge at the time as a young Captain entering the military service.

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

STATEMENT OF FACTS:

The applicant initially entered the regular Air Force on 15 Sep 84 as an Obstetrician Gynecologist.

On 30 Jun 87, the applicant was furnished an honorable discharge, and was credited with 2 years, 9 months, and 16 days of active service.

On 31 Jan 96, the applicant was appointed in the Air National Guard as a physician.

On 10 Jun 02, the applicant was activated on an active duty assignment and on 27 Sep 02, he was released from active duty and credited with 3 months and 18 days of active service.

On 4 Mar 06, the applicant was activated on an active duty assignment and on 28 Jul 06, he was released from active duty and credited with 4 months and 25 days of active service.

On 15 May 08, the applicant was furnished an honorable discharge from the Air National Guard, credited with 23 years, 9 months, and 8 days of total service and transferred to the Army Reserve effective 16 May 08, under Special Order A1-50.

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 EVALUATIONS:

Medical/Chaplain OPR recommends denial indicating there is no evidence of an error or an injustice.  The applicant, while he references “Physician Specialty Pay,” has negated to do proper research on the different types of specialty pays, and make clear which pays he is referring to.  Additionally, lack of due diligence on the applicant’s part does not constitute an error on the United States Air Force.  Human Resources personnel and an installation’s Finance section would not have sufficient knowledge to guide any Air Force Medical Service members in completion of specialty pay actions.  Information pertaining to incentive pays is available in many formats (including inquiries through AFPC/DP2SSM), and at the time was available through the Medical Special Pays’ Knowledge Exchange homepage for all medical corps (i.e. Medical, Nurse, Dental and Biomedical Sciences).  This information is readily accessible to all AFMS members.  Furthermore, Headquarters Air Force Personnel Center’s Total Force Service Center (TFSC) personnel are available 24 hours a day, 7 days a week for members who have inquiries about certain personnel actions.

A complete copy of the Medical/Chaplain evaluation is at Exhibit C.

NGB/SG recommends denial indicating there is no evidence of an error or an injustice.  The evidence provided by the applicant was insufficient and the application was untimely.  The applicant did not provide any Leave and Earnings statements or his Physician Specialty Pay contracts for review.  Therefore, it is not clear at this time if the applicant ever received the Physician Specialty Pay or if he was entitled to such pay.  It is true that Title 37, United States Code, Sections 301d, 302, 302f, and 303a provide for multiyear retention bonuses and special pays for medical officers and health professionals of the armed forces.  However, without reviewing the applicant’s special pay contracts, it is not known which pays the applicant was entitled, if any.  The applicant requested that BCMR review his Human Resources, Personnel, and Finance records to make a determination as to whether or not he had previously received the specialty pay.  However, it is the applicant’s burden of proof to show an injustice or error occurred; the Board is not a research agency or an investigative body.

A complete copy of the NGB/SG evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the applicant on 26 Jul 17 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude that he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2016-02414 in Executive Session on 9 Nov 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 3 Jun 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
Exhibit C.  Memorandum, Medical-Chaplain, dated 8 Sep 16, 			  w/atchs.
	Exhibit D.  Memorandum, NGB/SG, dated 17 Apr 17.
	Exhibit E.  Letter, AFBCMR, dated 26 Jul 17, w/atchs.

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.