RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01659 INDEX NUMBER: 128.06 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: He receive special pay per regulation that he is entitled to receive but was not given the opportunity to apply for. ________________________________________________________________ _ THE APPLICANT CONTENDS THAT: He was not afforded the opportunity to apply and receive special pay he otherwise would have received. Applicant’s complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant was permanently disability retired on 26 June 2006 in the grade of lieutenant colonel. The applicant served in his medical capacity on involuntary Partial Mobilization (PM) orders from 17 March 2003 to 22 February 2004. On 3 April 2003, the applicant reported injuring his back in the line of duty. The applicant was continued on his PM tour until February 2004 and then placed on medical continuation orders pending the results of an informal physical evaluation board (IPEB), which found him fit and returned him to duty effective 6 October 2004. On 14 October 2004, the applicant requested and was awarded incapacitation pay from 6 October 2004 to 5 April 2005. The applicant submitted another request dated 15 August 2005 for additional incapacitation pay from 6 April 2005 until the resolution of his second medical evaluation board. On 8 November 2006, the applicant’s records were corrected to reflect he was authorized retroactive Manpower Authorization days (MPA) from 6 October 2004 until 26 June 2006. ________________________________________________________________ _ AIR FORCE EVALUATION: NGB/A1PS recommends denial and states the applicant was put on PM orders from 17 March 2003 to February 2004. The applicant only served in his medical capacity on his PM orders for 17 days. Prior to being mobilized, he was not receiving these specialty payments. According to the commander of the 109th Medical Group, the applicant had not performed any military service since February 2004. Therefore the applicant is definitely not entitled to the requested special pay. NGB/A1PS’ complete evaluation is at Exhibit C, w/atchs. ________________________________________________________________ _ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: Applicant reviewed the Air Force evaluation and stated having very recently been forced to leave his house and children because of his wife’s self described “anger and bitterness” which began after his injury and lack of pay from the ANG required her to return to work. Having been “homeless” for 6 weeks and only on 19 November 2007 moving into his new residence, he begs the Board's indulgence for any typo’s or limitations in this memo. This has been a devastating experience for him given his limitations. He respectfully requests the Board to grant his entitlements to the noted special and incentive pays. He bases this on the fact that his eligibility for the pay was only after the prior BCMR decision granting his retroactive orders. Hence he was unable to apply to receive a routine entitlement. He finds NGB’s continued distortion and needless delay of providing information disturbing. 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 not timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that he is entitled to any additional special pay or bonus. Applicant contends that he was not afforded the opportunity to apply and receive special pay he otherwise would have received; however, we do not find his assertion, in and by itself, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility. His submission does not support his contention that he is entitled to compensation beyond that which he has already received. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain his burden of having suffered either an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. 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 issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC- 2007-01659 in Executive Session on 20 February 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-01659: Exhibit A. DD Form 149, dated, 15 May 07, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, NGB/A1PS, dated 26 Oct 07. Exhibit D. Letter, SAF/MRBR, dated 9 Nov 07. Exhibit E. Applicant's Response, dated 6 Dec 07.