RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04737 COUNSEL:	NONE
HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
He receive retroactive Additional Special Pay (ASP) for his Fiscal Years (FY) 2014, 2015 and 2016 ASP contracts.

APPLICANT CONTENDS THAT:
In Jan 13, he signed a four-year Multi-year Incentive Specialty Pay (MISP)/Multi-year Special Pay (MSP) and an ASP bonus obligating four-years of service beginning on 1 Jan 13. He assumed he would receive ASP since he was already obligated to serve four-years in the Air Force based on signing his MSIP/MSP contracts. He was unaware he needed to complete separate contracts.

In the fall of 2016, while researching the process to sign another four-year MISP/MSP bonus and commitment, he discovered he did not submit ASP paperwork during the three-year timeframe from 2014- 2016.

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 28 May 97, the applicant was appointed a second lieutenant in the Reserve of the Air Force.

According to the applicant’s military personnel records, he signed and received annual ASP bonuses from 2004 through 2012 until he became eligible to sign MISP/MSP contracts.

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:

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

AFPC/DPAN recommends denial indicating the error in question was due to the applicant’s forgetfulness of applicable special pay programs, and therefore, does not warrant retroactive/back pay for the requested programs and timeframe. In addition, Title 37 United States Code (USC), section 335 contains no language to allow for backdating/retroactive pay.

A complete copy of the AFPC/DP2SSM evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
By letter dated 15 Nov 17, the applicant states the current Consolidated Special Pay (CSP) program was implemented on 1 Jan 17. The purpose of the CSP program is to “simply the (Legacy Pay) process” and “reduce time spent completing, routing and submitting contracts.” Also, the CSP program will “reduce the number and frequency of contracts” to “to allow members to start and forget some types of pay.”

The CSP plan addresses many issues in the complex and often confusing Legacy Pay Plan. The Legacy Pay Plan was difficult for members like him as it required members to decipher varying eligibilities for multiple pay types and to complete, route and submit up to three special pay contracts and documents annually. The Legacy Pay Plan also required members to remember multiple contract effective dates that potentially left members forgetting to submit the necessary paperwork on time. Given that Congress mandated correcting a very confusing and complex process, he should be given the opportunity to recoup his ASP for calendar years 2014, 2015 and 2016.

In further support of his requests, the applicant provides a personal statement, copies of FY17 Medical Corps Special Pay Plan guidance and FY17 Medical Special Pays Power Point slides.

A complete copy of the applicant’s rebuttal, with attachments, is at Exhibit E.

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 to include the applicant’s comments regarding the current CSP program implemented on 1 Jan 17.  However we do not find the
1.	

evidence presented sufficient to warrant retroactive pay. As such, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. In the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.	The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered.

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-2016-04737 in Executive Session on 14 Feb 18, 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 21 Nov 16, w/atchs. Exhibit B.	Excerpts from Master Personnel Records. Exhibit C.	Memorandum, AFPC/Medical Chaplain, dated
25 Aug 17.
Exhibit D.	Letter, AFBCMR, dated 6 Oct 17, w/atchs. Exhibit E.	Applicant’s Rebuttal, dated 15 Nov 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.