RECORD OF PROCEEDINGS

	IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-01797
 	
		COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  He receive his FY16 Additional Special Pay (ASP) in the amount of $15,000.

APPLICANT’S CONTENTION.  He was eligible for the ASP but was not given it due to an oversight or mishandling of his annual contract request.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.   The applicant is an active duty lieutenant colonel (O-5).  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  AFPC Medical-Chaplain Office recommends denial.  The error was on the part of the applicant’s forgetfulness to apply for ASP and therefore retroactive back pay is not warranted.  Per 37 U.S.C. § 335, there is no retroactive language to allow for backdating/retroactive pay.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  He agrees the oversight was not the fault of AFPC and that the responsibility to get a signed and processed ASP contract is with the member.  However, the Board can fix this situation.  The FY16 ASP contract would not have been signed to extend his service commitment since he had already signed a multi-year contract in 2015 to extend his service until 2019.  All of the eligibility requirements to be paid the ASP in FY16 were met, except for the processing of the contract.  

THE BOARD CONCLUDES:

1. The application was timely filed.  

2. The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3. After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the AFPC Medical-Chaplain Office and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  

THE BOARD RECOMMENDS:  The APPLICANT be informed that the evidence did not demonstrate material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION: The following quorum of the Board, as defined in paragraph 1.5 of Air Force Instruction (AFI) 36-2603, considered AFBCMR Docket Number BC-2017-01797 in Executive Session on 13 Mar 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record as recommended.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 10 Apr 17, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC Medical-Chaplain, 17 Oct 17.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 13 Dec 17.
Exhibit E:  Applicant’s response to Exhibit D, dated 1 Jan 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by paragraph 4.11.9 of AFI 36-2603.