RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2017-03194 

  						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His Medical Corp Additional Special Pay (ASP) contract should be dated:

1 Jul 14, rather than 1 Feb 15.
1 Jul 15, rather than 1 Feb 16.

APPLICANT CONTENDS THAT:

He was not trained regarding the availability of and attainment procedures for medical special pay bonuses until several months after his arrival to Moody Air Force Base (AFB) in August 2014.  He lost 7 months of special pay, which he feels unjust as he completed an honorable 2-year tour as a general medical officer at Moody AFB.  He believes that he is owed 2 years’ worth of the ASP bonus, rather than 1.42 years.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving on active duty in the Regular Air Force in the grade of Captain (Capt/0-3).  

For more information, see the memorandum prepared by the Air Force office of primary responsibility (OPR) at Exhibit C.    

AIR FORCE EVALUATION:

The Medical Chaplain recommends denying the applicant’s request for retroactive pay.  The error in question was on the part of the applicant, who did not adequately inform himself about the eligibility requirements for the pay plans.  Therefore, retroactive/back pay for the requested programs and timeframe is not warranted.  Additionally, the statute at issue (37 U.S.C. § 335) contains no retroactive language to allow for backdating or retroactive pay.

By way of background, Medical Special Pay plans change on a fiscal year basis.  Information at that time was available through the Medical Knowledge Exchange, 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 applicant.  Per policy, DP2SSM 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.

A complete copy of the AF Medical Chaplains 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 4 Jan 18 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 OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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 relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2017-03194 in Executive Session on 15 Feb 18 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 5 Feb 17, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, Medical Chaplain, dated 
  2 Jan 18.
	Exhibit D.  Letter, SAF/MRBR, dated 4 Jan 18.

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.