RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-05002

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He receive Medical Corps (MC) Additional Special Pay (ASP) for FY13, FY14, FY15 and FY16.

APPLICANT CONTENDS THAT:

He was assigned to a civilian institution, remote from a military medical treatment facility and associate chain of command, for medical training from Jul 13 to Jul 17 and was under the misunderstanding that his ASP was bundled into a multi-year specialty agreement from when he signed in 2013 before his current training assignment.  After contacting AFPC to discuss a new Consolidated Special Pay program, he was informed that he was eligible for ASP for FY13, FY14, FY15 and FY16 but, he had not applied for the specialty pay.  He was encouraged by AFPC to petition for retroactive payment.

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 (Lt Col), O-5.

On 10 Jun 09, the applicant was approved for single year ASP effective 1 Jul 09, as evidenced by FY09 MC ASP Pay Agreement.

On 16 May 10, the applicant was approved for single year ASP effective 1 Jul 10, as evidenced by ASP MC for Selected Medical Officers of the MC Contract Request

On 26 May 11, the applicant was approved for single year ASP effective 1 Jul 11, as evidenced by ASP MC for Selected Medical Officers of the MC Contract Request.

On 5 Jul 12, the applicant was approved for single year ASP effective 1 Jul 12, as evidenced by ASP MC for Selected Medical Officers of the MC Contract Request.

On 5 May 13, the applicant was approved for Multi-Year Incentive Special Pay (MISP)/Multi-Year Special Pay (MSP) for 4 years effective 30 Jun 13, as evidenced by Legacy Incentive Special Pay (ISP) or MISP and MSP MC Contract Request.

On 15 Jul 14, the applicant was issued AF IMT 475, Education/Training Report for the period of 18 May 13 thru 30 Jun 14 indicating he completed his first year of his four year residency at the University of Utah.

On 3 Sep 15, the applicant was issued AF IMT 475 for the period of 1 Jul 14 thru 30 Jun 15 indicating he completed his second year of his four-year residency at the University of Utah.

On 28 Sep 16, the applicant was issued AF IMT 475 for the period of 1 Jul 15 thru 30 Jun 16 indicating he completed his third year of his four-year residency at the University of Utah.

On 19 Dec 16, the applicant was approved for single year ASP effective 1 Dec 16, as evidenced by ASP 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:

AFPC/DPAN recommends denial indicating there is no evidence of an error or an injustice.  Medical Special Pay plans change on a fiscal year basis.  Information at that time was available through the Medical Knowledge Exchange or by contacting the Medical Special Pay office (AFPC/DP2SSM) who also keep copies of past year’s pay plan as far back as FY03, so information was readily available and easily accessible to the applicant.  Additionally, the statute at issue (37 USC 335) contains no retroactive language to allow for backdating/retroactive pay.

The error in question was on the part of the applicant’s misunderstanding of applicable special pay programs, and therefore does not warrant retroactive/back pay for the requested programs and timeframe.

A complete copy of the AFPC/DPAN evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR and argues that the failure to submit a request for ASP was a result of inaccurate counseling by financial services in that all special pay available to him would be bundled into the multi-year agreement, including the ASP, and was not a result of his independent misunderstanding.  If he would have known that ASP was not included in the multi-year specialty agreement, he would have applied for ASP on an annual basis and was rectified as soon as he received accurate counseling.  Additionally, the entire Legacy Medical Officer Special Pay Plan was error prone and difficult to navigate and has since been simplified.  The applicant also points out the multiple typographical errors in the Medical-Chaplain evaluation and questions the comprehensiveness of his case review.

The applicant’s complete response, 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.  While the applicant’s response to the Air Force OPR’s advisory is duly 	noted, we do not find his assertions sufficiently persuaded to override the rationale provide by the Air Force OPR.  Therefore, 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 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.

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-2016-05002  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 pertaining to AFBCMR Docket Number BC-2016-05002 was considered:

	Exhibit A.  DD Form 149, dated 12 Dec 16.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPAN Advisory, dated 19 Sep 17. 
	Exhibit D.  Letter, AFBCMR, dated 20 Oct 17, w/atch.
	Exhibit E.  Letter, Applicant, dated 14 Nov 17.

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.