RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2016-04800

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Medical Special Pays Multi-year Incentive Special Pay/Multi-year Special Pay (MISP/MSP) contract completed on 15 Aug 16, be rescinded.

APPLICANT CONTENDS THAT:

When he submitted his 2016 MISP/MSP contract, he was not aware it would incur an additional Active Duty Service Commitment (ADSC) to be served consecutively with his current ADSC.

Upon completion of his second medical residency in Radiation Oncology in Jun 16, he started his four year ADSC, with plans to retire in 2020.  He believed he was qualified for MISP/MSP with the ADSC served concurrently.  United States Code 37 (USC 37), Chapter 5 guidance available on the military special pays website was somewhat open to interpretation regarding the ADSC after a second residency.  Confident that Air Force Personnel Center (AFPC) Medical Special Pays would alert him if something was amiss, as they had done previously, he submitted his MISP/MSP contract in Jul 16, as he had done every 4 years for the last 12 years.  He was distraught to learn he now had an additional four year ADSC until 2024.  This information was added to the contract after he signed it, and he was not notified of the ADSC extension.

Additionally, the Fiscal Year 2016 (FY16) Medical Corps Legacy Pay Plan, paragraph 5.1.6. states, “Medical officer is currently credentialed, privileged, and practicing at a military treatment facility (MTF) in the specialty for which MISP/MSP is to be paid.”  He was not credentialed and privileged at an MTF until 31 Aug 16, but the contract was approved on 15 Aug 16 and finalized without him meeting the necessary prerequisite which is an irregularity.

His concern was elevated to Secretary of the Air Force General Counsel (SAF-GC) but it was determined the contract was binding as Option II required a member still in training to only be actively seeking privileges.  He originally signed the contract while in residency training, but knew it would not be approved until after he graduated.  As such, he completed the application checking the four year MISP/MSP block in Option I, which would have required a mandatory credentials review.  This review would have found he was not credentialed and hence, not eligible for MISP/MSP at that time.  However, the endorsing authority completed and signed Option II and the credentials check did not occur.

If concurrent payback is not possible, he requests he be allowed to repay the bonus, retract the contract, and be released from the additional ADSC past 2020.

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

STATEMENT OF FACTS:

On 23 Jul 00, the applicant initially entered the Regular Air Force.

On 19 Jun 16, the applicant signed an MISP/MSP contract with an effective date of 23 Jul 16.

The applicant is currently serving on active duty with the Regular Air Force.

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:

AFPC/DP2N recommends denial, indicating there is no evidence of error or injustice.

In accordance with Medical Officer Special Pay Plan, paragraph 1.4.3.:  “Each officer is ultimately responsible for requesting/monitoring his/her medical special pays and obligations.  Officers should maintain a copy of the pay plan and signed contract for record.”  The applicant also signed the contract that states he understands that he will incur a one-year ADSC for each year of this contract, beginning the effective date or obligation date (whichever is later), as calculated by AFPC/DP2SSM.

Also, per the Medical Officer Special Pay Plan, paragraph 5.2.5.1., “If an MSP contract is executed on or after the start date of a secondary residency or fellowship training, the MSP ADSC will begin one day after the second residency/fellowship ADSC is completed (served consecutively).”  Please refer to the current United States Air Force Legacy Medical Officer Special Pay Plan for guidance on calculating the effective date.

At the time of processing, the applicant had a residency commitment of 29 Jun 20 for his second residency  The MSP was added to the education commitment giving the applicant a new MSP ADSC of 29 Jun 24.  The applicant stated he was not aware the new MISP/MSP contract would run consecutive to his education ADSC.  His previous contract ran concurrent with his education ADSC because he initiated the contract prior to the start of his education as per the Medical Officer Special Pay Plan, paragraph 5.2.5.2., “Once an officer has begun to serve an MSP ADSC, it is served concurrently with any existing ADSC, including obligations for other special pay contracts or medical education and training ADSC incurred after the execution date for that particular MSP contract.”

A complete copy of the AFPC/DP2N 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 15 Sep 17 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 (OPR) 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-2016-04800 in Executive Session on 13 Feb 18 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-04800 was considered:

	Exhibit A.  DD Form 149, dated 28 Nov 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2N, dated 25 Aug 17, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 15 Sep 17, w/atch.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations regarding AFBCMR Docket Number BC-2016-04800, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.