RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2017-00057

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The effective date on his Incentive Special Pay (ISP) contract be changed from the authorized date of 1 Dec 16 to his eligibility date of 1 Oct 16.

APPLICANT CONTENDS THAT:

He is a new provider at his first duty station and not well educated about the different special pays for medical providers.  After two visits to the finance office to ask why his pay was nearly the same as when he completed his residency, he learned from some senior providers, in early Dec 16, that he was eligible for ISP two months prior (Oct 16).

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

STATEMENT OF FACTS:

On 1 Jun 13, the applicant initially entered the Regular Air Force.

On 7 Dec 16, the applicant signed an ISP contract requesting an effective date of 1 Oct 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.

Medical Special Pay plans change on a fiscal year (FY) basis.  Information, during the time period at issue, was available through the Medical Knowledge Exchange, or by contacting AFPC/DP2SSM (Medical Special Pay’s office).  AFPC/DP2SSM also keeps copies of past years’ pay plans as far back as FY03, so information was readily available and easily accessible to the member.  Per policy, we cannot backdate a contract from the month the member signs the contract.  We can only change the effective date to the first day of the month in which the member signed.

Additionally, the statute at issue (37 USC 335) contains no retroactive language to allow for backdating/retroactive pay.

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 2 Nov 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-2017-00057 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-2017-00057 was considered:

	Exhibit A.  DD Form 149, dated 22 Dec 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2N, dated 17 Oct 17, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 2 Nov 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-2017-00057, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.