RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03109

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

She receive retroactive Consolidated Special Pay (CSP) for 
Biomedical Science Corps (BSC) Board Certification Pay (BCP) 
effective 28 May 13 to 6 Jan 14.


APPLICANT CONTENDS THAT:

She was board certified when she entered active duty on 
28 May 13.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
28 May 13.

On 6 Jan 14, the applicant signed the CSP BCP contract with a 
requested effective date of 3 Jan 14.

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/DPANF recommends denial indicating there is no evidence of 
an error or an injustice.  According to the Fiscal Year (FY) 
2013 CSP BSC BCP pay plan, contracts may be effective the first 
day of the month in which the officer signed the contract.  The 
applicant was eligible for BCP when she entered active duty on 
28 May 13; however, the only BCP contract received by the OPR 
was the one signed on 6 Jan 14, which was processed 
appropriately.  The applicant’s BCP started in Jan 2014 based on 
the date of the signed contract.  
Title 37 United States Code 302, contains no retroactive 
language to allow for the backdating/retroactive pay of special 
pay.  The Office of General Counsel has determined that since 
the law does not allow for special pays to be backdated, 
functional communities have no legal authority to approve this 
practice.

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


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 office of primary responsibility 
(OPR) and adopt its rationale as the basis for our conclusion 
the applicant has not been the victim of an error of 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-2014-03109 in Executive Session on 8 Oct 15, under the 
provisions of AFI 36-2603:

	
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-03109 was considered:

	Exhibit A.  DD Form 149, dated 8 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPANF, dated 30 Dec 14.
	Exhibit D.  Letter, SAF/MRBR, dated 31 Aug 15.

						




2