RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01560

   	COUNSEL:  NONE 
	 
 	HEARING:  NO

APPLICANT REQUESTS:

He receive Legacy Additional Special Pay (ASP) the period 1 Feb 16 through 1 Feb 71. 

APPLICANT CONTENDS:

Because of an inadvertent error, he missed the fact his ASP bonus coverage was not included in the completed forms for his other bonuses.   He was working hard as evidenced by the attached productivity slides for the 60 SGCS/Heart, Lung & Vascular Center.  He was instrumental in recapturing approximately $3.6 in inpatient care and $700K in outpatient care.  During this time, he was motivated by the belief he had received all his bonuses as allowed for FY16 and FY17.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Regular Air Force in the grade of lieutenant colonel (O-5). 

For more information, see the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2N recommends denying the application.  The (perceived) error is due to the applicant not submitting an ASP contract for the time-period requested.  The statute at issue (Title 37 USC 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 22 Jun 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 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.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:

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-2018-01560 in Executive Session on 1 Aug 18:

Panel Chair
Member
Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 Apr 18
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2N, dated 11 May 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 22 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.