RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2017-04019 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His active duty service commitment (ADSC) be corrected to reflect 25 February 2022 instead of 25 February 2024 in conjunction with his Multi-Year Incentive Special Pay (MISP)/Multi-Year Special Pay (MSP) Contract Request.

APPLICANT CONTENDS THAT:

He initially had a 25 February 2017 ADSC.  However, in 2013, he decided to complete an additional five years in the military and simultaneously pursue a civilian sponsored Pain Fellowship, enabling him to retire in the 2022.  

He sought a great deal of counsel from colleagues; however, a medical special pay technician provided him the most guidance.  He was advised to first sign a 4-year MSP/SISP, then sign for his civilian sponsored fellowship and this would allow him to serve both commitments concurrently giving him 19 years of service.  He signed the contract in April of 2014 as instructed with the understanding of incurring a service commitment through 2022.  Unfortunately, this was not the case.  

He was told by the medical special pay technician that in order to renegotiate his contract he simply needed to send in a new contract and medical special pay would automatically know his intention was to renegotiate.  He submitted his intentions via electronic mail on three separate occasions to confirm he would be committing himself until the year 2022.  This commitment was confirmed during a telephone conversation with the medical special pay technician prior to the submission of his contract.  During the same telephone conversation, he was instructed to forward his new contract to the Program Manager, Medical/Dental Programs.  He thought he was proceeding cautiously and tried to ensure he knew what he was signing.  However, he did not follow the pay plan guidance.  

He was not told that by signing a new contract in April 2014 during his fellowship, it would instead change his contractual obligation from a concurrent service obligation to a consecutive obligation, and thus changing his ADSC from what he thought would be 2022 to 2024.  

He was advised that he would be able to submit another 4-year MSP/MISP in 2014 and it would cancel out his prior contract, allowing him to receive a higher rate of pay for five years, from 2013 to 2018.  His intention was to serve an additional five years from his original commitment and retire 2022.  

He was in a civilian program with limited military support without a common access card and completely depending on information from the medical pay technician.  However, he received misinformation.  At a minimum, the date of the ADSC should be placed on the contract prior to the member’s signature to ensure he better understands what he is signing.  

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 Lieutenant Colonel (O-5).  

On 23 April 2014, the applicant initiated a 4-year MISP/MSP Contract Request, incurring an ADSC of 25 February 2024. 

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force office of primary responsibility (OPR), which are attached at Exhibits C and F.   

AIR FORCE EVALUATION:

AFPC/DP2N recommends denial.  The error in question was on the part of the applicant not reviewing or understanding the ADSC requirements in regards to the pay plan in effect at the time of application.  

The Medical Special Pay plans change on a fiscal year basis and this information was readily available and easily accessible to the applicant through the Medical Knowledge Exchange and AFPC/DP2SSM, the Medical Special Pay’s Office.  AFPC/DP2SSM keeps copies of past year’s pay plan and has then as far back as fiscal year 2003.  

If the renegotiated contract had been signed and completed prior to the applicant entering his fellowship training, the ADSC would have been concurrent with his existing ADSC.  However, since the renegotiation occurred after he entered training the ADSC became consecutive and extended until February 2024.  

A complete copy of the AFPC/DP2N evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

His submission of the electronic mail traffic regarding his case appears to have been unavailable during the initial review.   He reiterated that military support was very limited and it is obvious he did not understand the ADSC requirement.  As signing the contract was completely contrary to his well-documented intention.  On multiple occasions, both through electronic mail and direct conversation, he contacted the Medical Special Pays Office to confirm he was proceeding per his intention.  He was only forwarded a copy of the MSP/MISP contract and not the FY14 Medical Special Pay Plan (Legacy Pay).  It is beyond reasonable to infer he was misinformed by the Medical Special Pay Office, and he proceeded based on the misinformation received.  

The applicant’s complete submission is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DP2N recommends approval.  The applicant provided proper supporting documentation showing he inquired on three separation occasions as to whether or not his ADSC would remain to be February 2022.  He sought proper administrative relief in attempting to rectify his situation.  While the applicant did not follow the pay plan guidance, he thought he was proceeding cautiously when he tried to ensure he knew what he was signing.  As such, based on the number of times he sought clarification prior to signing, we believe there is enough evidence to infer he may have been misguided.  

A complete copy of the AFPC/DP2N evaluation is at Exhibit F.

ADDITIONAL APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He does not have any additional information to provide. For the sake of completeness, all documentation regarding his case was attached.  

The applicant’s complete submission is at Exhibit H.  

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission, to include his rebuttal response, in judging the merits of the case.  While we note the initial denial recommendation of the Air Force office of primary responsibility (OPR), their further review of the additional evidence concludes the applicant is the victim of an error or injustice and corrective action is warranted.  We agree that the applicant took the necessary measures to verify his ADSC and had no reason to believe it was not correct.  Therefore, we recommend the applicant's records be corrected 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 incurred an active duty service commitment (ADSC) of 25 February 2022 rather than 25 February 2024 in conjunction with his Multiyear Special Pay and Multiyear Incentive Special Pay (MSP-MISP) contract.    

The following members of the Board considered AFBCMR Docket Number BC-2017-04019 in Executive Session on 13 March 2018 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2017-04019 was considered:

Exhibit A.  DD Form 149, dated 28 August 2017, w/atchs.
	Exhibit B.  Master Personnel Records Excerpts.
	Exhibit C.  Memorandum, AFPC/DP2N, dated 8 December 2017, 
                 w/atch.   
    	Exhibit D.  Letter, SAF/MRBC, dated 4 January 2018.
Exhibit E.  Letter, Applicant, dated 31 January 2018.   
Exhibit F.  Memorandum, AFPC/DP2N, dated 30 January 2018, 
            w/atch.   
Exhibit G.  Letter, SAF/MRBC, dated 20 February 2018.
Exhibit H.  Electronic Mail, Applicant, dated 23 February 
            2018, w.atchs.  

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 pertaining to AFBCMR Docket Number BC-2017-04019, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.