RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-05139

XXXXXXXXXX					COUNSEL: NONE

							HEARING: YES 

APPLICANT REQUESTS THAT:

The start date of his incentive special pay (ISP) be changed from 1 Dec 14 to 1 Oct 14, in order to receive 2-months of retroactive ISP, or so that he is not charged $3,333.33 in ISP recoupment when converting to the Consolidated Special Pay (CSP) pay system.

APPLICANT CONTENDS THAT:

He was fully credentialed for medical pay on 1 Oct 14; however, previous leadership was not aware until Dec 14.  He had asked MyPers, the base Military Personnel Flight, and his base financial office for assistance, but no one knew how he should apply.  The 2-month delay of his ISP application resulted in a $3,333.33 recoupment when he converted his legacy pay to CSP pay on 1 Oct 17.  He had not realized the loss of 2-months ISP until he received the notification of indebtedness on 3 Nov 17.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an Air Force major.  

The applicant’s Legacy Incentive Special Pay (ISP) or Multi-year Incentive Special Pay (MISP) and Multi-year Special Pay (MSP) Medical Corps (MC) Contract Request, retrieved from military records, was signed 5 Dec 14, and indicates an effective date of 1 Dec 14. 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2AN recommends denying the application.  

The applicant received an accession bonus as he came on active duty on 30 Sep 14.  His leadership did not realize he was also eligible for ISP in the legacy pay plan until Dec 14.  Medical Special Pay plans change on a fiscal year basis.  Information was readily available through the Medical Knowledge Exchange (Kx), or by contacting AFPC/DP2SSM.  There is no email traffic which validates the scenario.  The error was on the part of the applicant not reviewing or understanding applicable special pay programs, and therefore does not warrant retroactive/back pay.  Furthermore, guidance contains no retroactive language to allow for backdating/retroactive pay.

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 22 Aug 18 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2AN and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

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 the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS:  

The applicant be informed that the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

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-2017-05139 in Executive Session on 2 Oct 18:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, w/atchs, dated 21 Nov 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP2AN, w/atch, dated 19 Dec 17.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 22 Aug 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, regarding Docket Number BC-2017-05139.