RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2018-02674

XXXXXXXXXXXXXX				COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

Her Variable Special Pay (VSP) from 1 Oct 16 to 31 Dec 17 be corrected to show she was on the incentive pay scale of $666.66 per month, instead of $416.66 per month, and she be reimbursed for the difference in VSP amounts.

APPLICANT CONTENDS THAT:

She has been a medical resident since Jul 16 and it is unclear why the difference in back VSP was not reimbursed from the time the change in Incentive Pay policy was made, 1 Oct 16, through the time her pay was corrected, 1 Jan 18.  She was a medical resident fulfilling her military commitment obligation the entire time she was on duty through the entire period.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is an Air Force major.  

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.  

The applicant did not submit an Incentive Pay (IP) contract when Consolidated Special Pays (CSP) was enacted in Jan 17.  On 1 Jan 17, the applicant had the choice to stay on the Legacy program pay which automatically paid $416 a month or to apply for CSP IP, which paid $666.66 a month.  Based on DODI 6000.13, members were not automatically switched to CSP during this timeframe, but were required to submit a contract to start the pay.  The member did not apply to switch to CSP IP until Jan 18 and is not entitled to back pay because an application was not submitted.  Additionally, the statute at issue (37 USC 335) contains no retroactive language to allow for backdating/retroactive pay.  Members were notified of the new program via MyPers targeted messages, through webinars, MTF site visits from the Medical Special Pay team, Director of Medical Education (DME) and Chief of Medical Staff notifications.  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 21 Aug 18 for comment (Exhibit D), and the applicant replied on 1 Oct 18.  The applicant contended the targeted MyPers messages, webinars and site visits were not an effective way of making the change to Consolidated Special Pays (CSP) apparent.  The policy change incurred no additional commitment for residents.  If communicated effectively there would have been no reason for any medical resident to not sign the Legacy to CSP contract.  The applicant’s complete response is at Exhibit E. 

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/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 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.

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-2018-02674 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/atch, dated 28 Apr 18.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP2N, w/atch, dated 8 Aug 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 21 Aug 18.
Exhibit E:  Applicant’s response, dated 1 Oct 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 AFBCMR Docket Number BC-2018-02674.