RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2019-04426

xxxxxxxxxxxxxxxx	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

He receive Additional Special Pay in the amount of $15,000 for Fiscal Year 2016.

APPLICANT’S CONTENTIONS

He met all the qualification criteria including maintenance of his medical license, professional conduct, proficient medical skill, compliance with Air Force professional standards, and excellent performance.

Prior to 2016, his former spouse, who was also an Air Force physician, graciously facilitated submission of their bonus paperwork.  Unfortunately, in 2016, this did not occur and he did not submit his Additional Special Pay Medical Corps Contract Request.  He did not realize this until he was questioned by his accountant.

He acknowledges he did not sign and submit the Additional Special Pay Medical Corps Contract Request in 2016; however, he met, and continues to meet, all the qualification criteria, and as such, he is entitled to the back pay he otherwise earned.  He is confident if he had been overpaid in any amount, the Air Force would not hesitate to revoke the amount in its entirety, and hopes he is afforded the same justice.  He transitioned to the Consolidation of Special Pays in 2017.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force lieutenant colonel (O-5).

On 20 February 2015, according to documentation provided by the applicant, he submitted a Fiscal Year 2015 Additional Special Pay Medical Corps Contract Request, and was approved by the commander.

On 31 January 2017, according to documentation provided by the applicant, he submitted a Fiscal Year 2017 Additional Special Pay Medical Corps Contract Request, and was approved by the commander.

On 28 February 2017, according to documentation provided by the applicant, he submitted a  Fiscal Year 2017 Consolidation of Special Pays (CSP) Incentive Pay (IP) and/or Retention Bonus (RB) for MC, DC, and BSC, and was approved by the commander.

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.  There is no evidence of an error or injustice on the part of the government.  Per the Fiscal Year 2016 Medical Corps Special Pay Plan, the applicant was required to submit an Additional Special Pay contract in order to receive Additional Special Pay in the amount of $15,000 per year.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 May 2020, for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The applicant did not timely submit an Additional Special Pay contract in 2016 as required.  Therefore, 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.  Accordingly, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-04426 in Executive Session on 25 June 2020:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 August 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2N, dated 3 December 2019.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 May 2020.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.