RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02495 

						COUNSEL:  NONE

 						HEARING DESIRED: NO 

APPLICANT REQUESTS THAT:

He receive retroactive Additional Special Pay (ASP) for 2013, 2014 and 2015 in the amount of $45,000, three annual payments of $15,000.      

APPLICANT CONTENDS THAT:

He did not apply for ASP for 2013, 2014 and 2015 despite being eligible.  He received ASP each year in July since 2001 for his Air Force Specialty Code (AFSC) 44E3A, Board Certified Staff Emergency Physician.  In 2012, he initiated a combined multi-year incentive special pay (MISP) contract and received MISP for four years but failed to apply for or receive ASP in the amount of $15,000 per year.  At the time, he thought his ASP continued to recur as part of the MISP.  He misunderstood the MISP contract and did not realize that ASP required a separate application for each year.  

His MISP contracted ended in 2016 and he initiated an ASP and ISP contract to begin in July 2016.  On 17 June 2016, one day following his ASP and ISP bonus requests, he was notified by the AFPC Medical Special Pays Office that he was eligible for ASP in the amount of $45,000 for the previous three years but had not applied or received any ASP.  He deployed in 2012 and 2015 in his AFSC.  Despite being on active duty, working in his specialty and being in good standing with his command, he failed to apply for or receive ASP.  Since MISP recurred automatically each year, he did not submit a bonus request until June 2016.  

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 colonel (O-6).

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC Medical-Chaplain Career Management Office recommends denial.  The applicant has been eligible and applying for ASP bonuses since 2001.  He assumed the ASP bonus would be continuous when he applied for the MISP contract in 2012 and contends he discovered he was not receiving ASP bonuses for the years mentioned because personnel from AFPC/DP2SSM (Medical Special Pays) contacted him and reminded him that he had not applied.  However, the responsibility for knowing when and if an incentive contract is due lies with the applicant.

The Medical Officer Special Pay Plan, starting with the FY13 edition (the fiscal year where the applicant’s first ASP bonus was overlooked), contains verbiage pertaining to the submission of ASP contracts.  Under “Officer Responsibilities,” paragraph 10 of the FY13 Medical Officer Special Pay Plan states, “Officers are responsible for reading and understanding each year’s plan to determine if eligibility requirements are met prior to submitting special pay contracts.  Each officer must independently review and keep copies of their special pay contracts for reference.”

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 6 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.  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 office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES 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-2016-02495 in Executive Session on 7 September 2017 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 17 June 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC Medical-Chaplain, dated 
			  18 August 2016, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 6 February 2017.