RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00614

XXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

He be approved for a $15,000 one-year Additional Special Pay (ASP) contract effective 1 Jul 16 and he receive back pay for the period of 1 Jul to 31 Dec 16.

APPLICANT CONTENDS THAT:

He was due $15,000 ASP in Jul 16; however, he did not receive the pay.  He entered his Consolidated Special Pay (CSP) contract on 1 Jan 17 and is requesting back pay for the period of 1 Jul to 31 Dec 16 (six months).  

He was stationed at an Army-Navy medical treatment facility (MTF) and did not receive any information that this pay was available to him until Jun 17.  He was instructed to submit an AFBCMR application.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a major in the Regular Air Force.  

The applicant’s ASP Medical Corps (MC) Contract Request dated 17 Apr 15 shows he received a one year ASP contract for $15,000, effective 1 Jul 15.

His Legacy Incentive Special Pay (ISP) or Multi-Year Incentive/Special Pay (MISP) and Multi-Year Special Pay (MSP) Medical Corps (MC) Contract Request dated 14 Mar 16, shows he received a one year ISP contract in the amount of $20,000, effective 1 Mar 16.

His ASP MC Contract Request dated 27 Jan 17, shows he received a one year ASP for monthly payment of $500.00, effective 1 Jan 17.  

On 27 Jan 17, he signed a one-year Consolidation of Special Pays (CSP) Incentive Pay (IP) Contract effective 1 Jan 17 for $43,000.  

Per the applicant’s training report (TR) for the period ending 30 Jun 16, the applicant was assigned to Walter Reed National Military Medical Center and his rater was an Army officer.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC Medical-Chaplain Office recommends denial for retroactive pay.  The error in question was on the part of the applicant’s misunderstanding of applicable special pay programs and therefore does not warrant retroactive back pay.  Additionally, 37 U.S.C. § 335 contains no retroactive language to allow for backdating/retroactive pay.  

The Medical Special Pay plans change on a fiscal year basis.  Information at the time was available through the Medical Knowledge Exchange, or by contacting AFPC/DP2SSM (Medical Special Pay Office). AFPC/DP2SSM also keeps copies of past year’s pay plan as far back as FY03; the information was readily available and easily accessible to the applicant.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 9 May 18 for comment (Exhibit D), but has received no response.

 THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an injustice.  The Board notes the AFPC Medical-Chaplain’s Office recommends denial indicating it was the applicant’s responsibility to apply for ASP.  While we are mindful the Board has denied requests for backdating of ASP contracts based on the failure to make a timely request, we find the applicant’s case is distinctive.  In this respect, he was disadvantaged because he was not assigned to an Air Force MTF.  The applicant may not have had access to help himself on-line and the Air Force did not provide an alternative communication mechanism, especially given the complexity of legacy ASP programs.   It is our opinion it was the responsibility of the Air Force to make him aware of his eligibility for ASP given his assignment location and it is not in the interest of justice to deny him the ASP he otherwise would have received had he been properly made aware.   Therefore, we find it in the interest of justice to grant his request for ASP.   While the applicant requests an ASP bonus in the amount of $15,000 with back pay for the period of 1 Jul 16 to 31 Dec 16, we recommend the applicant be approved for an ASP contract in the amount of $7,500 for the period of 1 Jul 16 to 31 Dec 16, to avoid a future debt for the unserved time on the contract.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he be paid ASP in the amount of $7,500 for his ASP contract effective 1 Jul 16 to 31 Dec 16.     

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-00614 in Executive Session on 12 Jun 18 and 3 Aug 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC Medical-Chaplain, dated 21 Dec 17. 
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 9 May 18.  
 
Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.