RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-02492

   	COUNSEL: NONE 
	 
 	HEARING: NO

APPLICANT REQUESTS:

He receive $716.66 retroactive pay for Board Certification Pay (BCP) for the period 19 Apr 18 through 31 May 18. 

APPLICANT CONTENDS:

The initial contract he was instructed to complete is dated Jun 18, which is when he was notified of his passing score.  He was incorrectly told to document this date.  He took the medical specialty boards in Apr 18 and was notified he passed in Apr 18, however, the official document from the board certifying group was not available until Jun 18.  His colleagues in the same circumstances received BCP starting in Apr 18.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an active duty captain.  

On 7 Jun 18, the applicant signed Form CSP BCP, FY18 Board Certification Pay Contract Request—All Corps, requesting an effective date of the contract of 1 Jun 18.  

On 26 Jun 18, the applicant signed Form CSP BCP, FY18 Board Certification Pay Contract Request—All Corps, requesting an effective date of the contract of 1 Apr 18.  

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 denying the application.  Based on the documentation provided by the applicant and an analysis of the facts, there is evidence of an error or injustice on the part of the applicant.  He could have signed his BCP contract in Apr 18 when he took his boards.  However, he did not sign and submit the contract until Jun 18.   The governing statute (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 17 Jul 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 injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2N and finds 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-2018-02492 in Executive Session on 22 Aug 18:

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 27 Jun 18.
Exhibit B:	Military Human Resources Records (Excerpt). 
Exhibit C:	Advisory opinion, AFPC/DP2N, dated 12 Jul 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 17 Jul 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.