RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2017-01292 

						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

She receive retroactive Medical Corp Incentive Special Pay (ISP) for 1 Oct 16 through 1 Mar 17.  

APPLICANT CONTENDS THAT:

She did not successfully submit her ISP contract for 1 Oct 16 through 1 Mar 17, via MyPers.  

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

STATEMENT OF FACTS:

During the matter in question, the applicant was serving in the Regular Air Force in the grade of major (O-4).  

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/DP2SSM 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 (Kx), or by contacting AFPC/DP2SSM (Medical Special Pay’s 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 member.  Per policy, they cannot back date contracts from the month member signs contract.  They can only change the effective date to the 1st of the month in which the member signed the contract.  The error in question was on the part of the applicant not reviewing or understanding the eligibility requirements for the pay plans in effect at the time of application for special pay programs, and therefore does not warrant retroactive/back pay for the requested programs and timeframe.  Additionally, the statute at issue (37 USC 335) contains no retroactive language to allow for backdating/retroactive pay.

A complete copy of the AFPC/DP2SSM 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 6 Dec 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 and agree with the opinion and recommendation of the Air Force 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-2017-01292 in Executive Session on 12 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2017-01292 was considered:

	Exhibit A.  DD Form 149, dated 15 Feb 17, w/atch(s).
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2SSM, dated 18 Oct 17.
	Exhibit D.  Letter, AFBCMR, dated 6 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.