RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04608 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His 4-year Multi-Year Special Pay (MSP) contractual agreement dated 27 July 2012, be terminated and he be allowed to separate from the Air Force at the end of his third contract year (28 May 2015). APPLICANT CONTENDS THAT: He received false information from his recruiter concerning the, Active Duty Health Profession Loan Repayment Program (ADHPLRP) and Variable Special Pay (VSP). His recruiter also changed his initial VSP calculation of $416.66 per month to $958.33. He informed his recruiter that it was imperative that he receive ADHPLRP in the amount of $80,000 and VSP in the amount $958.33 per month to make it financially viable for him to join the Air Force. However, due to the recruiter’s inaction, his ADHPLRP application was not timely filed and he only received VSP in the amount of $416.66 per month - not the amount he was promised. Therefore, he would like to terminate his Air Force obligation early. In support of his request, the applicant provides a personal statement, memorandums, electronic communiqués, AFRS IMTs 1431, Estimated Medical Service Grade and Pay Computation Worksheet, and various other documents related to his requests. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of major (O-4). According to AETC IMT 1430, Statement of Understanding Applicant for Extended Active Duty - USAF Health Professionals, dated 18 May 2012, the applicant agreed to remain on active duty for a period of 48 months effective 28 May 2012. On 27 July 2012, the applicant signed a 4-year MSP contract, effective 1 July 2012, at a rate of $38,000 per year. The contract also included Multi-Year Incentive Pay (MISP) in the amount of $20,000 (annually). The applicant also receives Medical Officer Additional Special Pay (ASP) in the amount of $15,000 (annually). In an email dated 24 July 2013, the Medical Special Pays Office advised the applicant that he received 3 years credit for his residency and would not receive credit for professional experience or his medical degree. Therefore, the monthly VSP amount of $416.66 was correctly calculated. On 25 August 2013, the applicant submitted a DD Form 149, Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552, requesting that his records be corrected to reflect that in addition to the 4- year MSP, he receive ADHPLRP in the amount of $80,000 in return for a 4-year ADSC (2) that he receive VSP at $958.33 per month; (3) if he only receives HPLRP in the amount of $80,000 and the additional VSP per year then he requests that his 4-year ADSC be reduced to 3-year ADSC; and (4) if he only receives $40,000 or the additional VSP per year then his 4-year contract should be reduced to a 2-year contract. In response to his DD Form 149, AFRS/RSOC prepared an advisory opinion dated 6 May 2014, and recommended approval of the applicant’s request to be awarded ADHPLRP in the amount of $80,000. In an email to the AFBCMR staff dated 9 October 2014, the applicant states his recruiter informed him that he would receive the ADHPLRP concurrently with his 4-year ADSC. However, after meeting with the Chief, Medical Force Management Branch (AFPC/DPANF), the applicant was informed the receipt of ADHPLRP would require a consecutive ADSC. As such, the applicant stated that ADHPLRP was no longer a consideration as it would extend his ADSC by an additional two years. On 14 October 2014, the applicant requested that his application dated 25 August 2013, be closed. The applicant indicated that he would submit another application to request his 4-year ADSC be changed to a 3-year ADSC. On 13 October 2014, the applicant submitted a new DD Form 149 essentially requesting that he be allowed to separate from the Air Force at the end of his third contract year. 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/DPANP recommends denial indicating there is no evidence of an error or an injustice. On 18 May 2012, the applicant signed an Estimated Medical Service Grade and Pay Computation Worksheet which indicated that the worksheet served as an estimate and final computations completed by AFPC may differ. The applicant also signed a 4-year MSP contract for an ADSC until 2016. He acknowledged that he read the Air Force Medical Officer Special Pay Plan which reflected that the MSP and ADHPLRP ADSCs are served consecutively. The applicant wanted both ADHPLRP and MSP in exchange for a 4- year ADSC. Unfortunately ADHPLRP and MSP carry separate ADSCs that are served consecutively. To receive both the MSP and ADHPLRP, the applicant would have incurred an 8-year ADSC. The applicant has explained he only wanted a 4-year ADSC. Given only a 4-year commitment, he is not eligible for both a 4-year MSP and a 4-year ADHPLRP. He signed a 4-year MSP contract (worth $152,000 total). He is also entitled to, and receives ASP in the amount of $15,000 per year and MISP in the amount of $20,000 per year. The applicant signed two different documents in May and July 2012 that directly undermine his allegation that he received false information about his pay. These signatures demonstrate that he could have and should have understood that he could not earn both ADHPLRP and MSP with only a 4-year commitment. Furthermore, in exchange for signing a 4-year contract, the applicant received an additional $13,000 per year in MSP over and above the rate for a 3-year contract (i.e., $38,000 per year versus $25,000 per year). If the applicant is allowed to separate after three years (as requested), he will have received an extra $39,000 in compensation to which he was not entitled. A complete copy of the DPANP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant argues that he made it clear to his recruiter that receipt of the ADHPLRP was critical to his decision to join the Air Force. The Air Force webpage states that the purpose of ADHPLRP is to provide a direct accession incentive to maintain adequate numbers of commissioned officers. While the webpage states that participants will incur a minimum 2-year active duty obligation, it does not mention that an additional active duty obligation for other incentives would be served consecutively. The webpage further directs potential recruits to contact their local recruiter for further information, which is what he did. He joined the Air Force because he trusted the information his recruiter provided him to be accurate. The applicant disagrees with DPANF’s calculations which show that he would receive an additional $39,000 in compensation if he were allowed to separate one year early. Instead he believes he would incur a net loss due to not receiving the incentives he was promised by his recruiter. In further support of his request, the applicant provides copies of AFRS IMT 1431 and an Air Force webpage. His complete response, with attachments, is at Exhibit F. 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. While the applicant's assertions of miscounseling by his recruiter are duly noted, he has not provided substantial evidence which, in our opinion, successfully refutes the assessment of his case by the Air Force OPR. Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of proof of either an error or an injustice. Accordingly, in view of the above and in the absence of evidence that he was denied rights to which he is entitled, we find no basis to grant the relief sought in this application. 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 this application in Executive Session on 7 July 2015, under the provisions of AFI 36-2603: , Panel Member , Member , Member Due to the unavailability of ------, ------- will sign as Acting Panel Chair. The following documentary evidence pertaining AFBCMR Docket Number BC-2014-04608 was considered: Exhibit A. DD Form 149, dated 13 October 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFRS/RSOC, dated 6 May 2014. Exhibit D. Memorandum, AFPC/DPANP, dated 18 December 2014 Exhibit E. Letter, SAF/MRBR, dated 9 January 2015. Exhibit F. Letter, Applicant, dated 28 January 2015, w/atchs.