RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2017-00679
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The effective date of his Incentive Special Pay (ISP) contract dated 8 Aug 14 be 1 Jul 14, instead of 1 Aug 14.

His subsequent ISP contracts be amended to reflect the correction.   

APPLICANT CONTENDS THAT:

He entered active duty on 29 Jun 14 and attended commissioned officer training (COT) for five weeks before arriving at Langley AFB in Aug 14.  

On 8 Jul 14, he was told at a briefing while at COT he should hold onto his forms until he arrived at Langley AFB since the ISP contract would be backdated.  However, his commander was only able to backdate his ISP contract to 1 Aug 14. 

In May 15, he raised his concern to AFPC/DPANF when it came time to renew his ISP contract since there was a discrepancy in the dates of his contracts and his date of separation (DOS).  He would like his ISP active duty service commitment (ADSC) to coincide with his DOS of 29 Jun 18.  

Another officer who attended COT with him had the same issue and informed him how the error can be corrected and how he can be compensated for the special pay he is qualified to receive.

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

STATEMENT OF FACTS:

The applicant is in the Regular Air Force serving in the grade of captain (O-3).

His AF IMT 766, Extended Active Duty Order, Special Order AH-0404 dated 10 Mar 14, reflects a duty effective date of 29 Jun 14.  

The applicant’s Consolidation of Special Pays (CSP) Incentive Pay (IP) for General Dentists (47GX/47GXC) Dental Corps (DC) Contract Request dated 8 Aug 14, shows he requested a one year ISP contract in the amount of $20,000 annually, with monthly installment payments in the amount of $1,666.66, effective 1 Aug 14.  

His subsequent contract dated 14 May 15, shows he requested a second one year ISP contract in the amount of $20,000 annually, with monthly installment payments in the amount of $1,666.66, effective 1 Aug 15. 

His third contract dated 28 Jun 16, shows he requested a one year ISP contract in the amount of $20,000 annually, with monthly installment payments in the amount of $1,666.66, effective 1 Aug 16. 

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

AFPC Medical-Chaplain office recommends approval.  While there is no communication thread citing the applicant’s routing of his correct contract, he made a concerted effort to get his contract to his commander within the 30 day window.  There is no retroactive language to allow for backdating/retroactive pay per 37. U.S.C. § 335  

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 AFPC/DP2SSM (Medical Special Pay Office).  AFPC/DP2SSM also keeps copies of past year’s pay plan as far back as FY03 so information was readily available and easily accessible to the applicant.  Per policy, their office cannot backdate contracts from the month a member signs a contract.  The only change they are able to make is to the first of the month in which a member signs a contract.  

A complete copy of the AFPC Medical-Chaplain Office’s 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 11 December 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.  Sufficient 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 and 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 been the victim of an error or injustice.  Therefore, we recommend the applicant's records be corrected as indicated below.	

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

     a. His Consolidation of Special Pays (CSP) Incentive Pay (IP) for General Dentists (47GX/47GXC) Dental Corps (DC) Contract Request dated 8 August 2014 be effective 1 Jul 14, instead of 1 Aug 14.  

     b. His CSP IP DC Contract Request dated 14 May 15 be effective 1 Jul 15, instead of 1 Aug 15. 

     c. His CSP IP DC Contract Request dated 28 Jun 16 be effective 1 Jul 16, instead of 1 Aug 16. 

	d. He be paid $1,666.66 for IP for the period of 1 Jul to 31 Jul 14.  

The following members of the Board considered AFBCMR Docket Number BC-2017-00679 in Executive Session on 24 Feb 18 under the provisions of AFI 36-2603:

	 , Panel Chair
      , Member
	 , Member

All members voted to correct the records pertaining to AFBCMR Docket Number BC-2017-00679 was recommended. The following documentary was considered:

	Exhibit A.  DD Form 149, dated 8 Feb 17, w/atchs.
	Exhibit B.  Excerpts of Personnel Records
	Exhibit C.  Memorandum, AFPC Medical-Chaplain, dated 
                 19 Oct 17, w/atchs.  
	Exhibit D.  Letter, SAF/MRBC, dated 11 Dec 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.