RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00907

XXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

His board certification pay (BCP) contract for $500.00 per month be effective 17 Nov 17, instead of 1 Dec 17 and he be paid $233.00.    

APPLICANT CONTENDS THAT:

He requested a start date of 14 Oct 17, the date he took the exam, and signed the contract on 10 Dec 17.  When he submitted the contract, the start date was crossed out and filled in as 1 Dec 17, starting the first of the month he signed the form.   This results in him working as a board certified emergency medicine physician for 14 days without receiving the benefit of $233.33.  He attempted to correct the error but was advised he had to submit an AFBCMR application.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a major in the Air Force.

The applicant provides a letter dated 28 Nov 17 from the American Board of Emergency Medicine which shows his certification for 17 Nov 17 to 31 Dec 27.  

His BCP Contract Request signed on 10 Dec 17 shows he requested BCP in the amount of $500.00 monthly effective 14 Oct 17.  The requested date was crossed out and filled in with an effective date of 1 Dec 17.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2N recommends denial.  He signed the contract on 10 Dec 17.  When he submitted the contract, the processing individual crossed out the start date and filled in as 1 Dec 17, starting the month he signed the contract.  The contract is only allowed to be backdated to the first day of the month in which the contract is signed.  Title 37, United States Code, Section 335 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 24 Jun 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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2N and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  We also note the applicant has provided no plausible reason for the delay in requesting his BCP.  Therefore, the Board recommends against correcting the applicant’s records.

 THE BOARD RECOMMENDS THAT:

The applicant be informed 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.

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-2018-00907 in Executive Session on 13 Aug 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted not to correct the record.  The panel considered the following in Docket Number BC-2018-00907:

Exhibit A:	Application, DD Form 149, w/atchs, dated 23 Feb 18
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2N, dated 22 May 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 25 Jun 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.