RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2017-02833

						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He receive retroactive Medical Corps Incentive Specialty Pay (ISP) for 2015 in the amount of $20,000.

APPLICANT CONTENDS THAT:

He was authorized payment of an ISP bonus in 2015, but failed to apply for it due to being confused about his ability to apply for the Early Career Incentive Specialty Pay (ECISP), which he was not ultimately qualified for due to his service obligation.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the grade of major, effective and with a date of rank of 15 May 2016.  His Air Force Specialty Code (AFSC) is 44P (Psychiatrist).

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 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 language to allow for backdating pay.

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.

A complete copy of the AFPC/DP2N evaluation is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states the Kx has a great deal of information available regarding his specialty pay.  It is now clear that his attendance at the Uniformed Service University precluded him from taking the Early Career Incentive Specialty Pay (ECISP).  While he sought guidance from other medical corps officers and his local finance office, he was not directed to the Kx or AFPC/DP2SSM.  He never received notification of erroneously applying for the ECISP.  Had he received this correction in a timely manner, he would have applied for the routine ISP before the deadline.  Notification of the error was essential, as he was in the middle of a complicated PCS and without a clear notification that he made an error, the operational tempo of the summer of 2015 made it difficult to determine something was wrong.  Lastly, it was not immediately financially apparent that he had not been paid due to a combination of buying a home and difficulties with his PCS reimbursement.

The applicant’s complete response 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.  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 OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  While we acknowledge the applicant’s request, he has not provided evidence sufficient to lead us to believe that a change is warranted.  Further, we do not believe he has demonstrated evidence of an injustice, as compared to others in his similar situation.  Therefore, we find no basis to recommend granting the requested relief.

THE BOARD RECOMMENDS 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-2017-02833 in Executive Session on 15 February 2018 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-2017-02833 was considered:

	Exhibit A.  DD Forms 149, dated 30 May 2017, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2N, dated 6 November 2017,
  w/atch.
	Exhibit D.  Letters, AFBCMR, dated 8 and 29 December 2017,
  w/atch.
	Exhibit E.  Letter, Applicant, dated 22 January 2018.

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 pertaining to AFBCMR Docket Number BC-2017-02833.