RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01073

XXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  He be paid Consolidated Special Pay Incentive Pay (IP) in the amount of $100 per month, for the period 7 January 2019 through 31 December 2019.  

2.  He be paid CSP Board Certification Pay (BCP) in the amount of $500 per month, for the period 1 October 2019 through 31 January 2020

APPLICANT’S CONTENTIONS

Regarding his request for IP, the Air Force transitioned to CSP; therefore, he renegotiated his optometry retention bonus (RB) to consolidate it with his optometry IP, but he was not aware that his IP expired in December 2018.  He has since resubmitted a new IP contract for 2020, but requests that he receive back pay for 2019.  He requests the correction as an act of good faith since optometrists are not well incentivized in the Air Force compared to other medical officers.    

With regard to the BCP, he is board certified by the American Board of Certification of Medical Optometrists, which became a recognized board by the Department of Defense for optometrists in Fiscal Year (FY) 20219.  However, due to processing delays, the new certification did not make the pay plan until 10 February 2020.  Since the pay plan is technically for all of FY 2020, he is requesting back pay starting from 1 October 2019 through 31 January 2020.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

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

On 9 January 2018, Consolidation of Special Pays (CSP) Incentive Pay (IP) and/or Retention Bonus (RB) for MC, DC, and BSC, reflects the applicant amended his legacy multi-year pay to an IP and RB contract with a conversion date of 8 January 2018.  According to the contract, he received $1200 in IP paid annually in equal monthly amounts and $6,000 in RB paid annually upon execution of the contract.  

According to an American Board of Certification in Medical Optometry certificate, issued January 2020 and provided by the applicant, he is board certified in medical optometry.

On 20 January 2020, FY 2019 Consolidation of Special Pays (CSP) Incentive Pay (IP) Contract Request, reflects the applicant requested a one-year of IP contract effective 1 January 2020 at a rate of $1200 paid annually, in equal monthly installments.  

On 10 February 2020, according to FY 2020 Board Certification Pay Contract Request – All Corps, the applicant made an initial BCP request effective 1 February 2020 at a rate of $500 paid monthly upon execution.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

According to United States Air Force Fiscal Year 2018 Medical Corps Special Pay Plan:

•	All CSP pay types require a contract to initiate pay.  

•	Each officer is responsible for requesting/monitoring his/her Medical Special Pays and obligations. 

•	Officers with/without an established DOS may renegotiate or sign a new IP/RB or IP only contract if they meet all eligibility criteria and have retainability.

•	Under RB Agreement.  BSC officers who enter an RB contract shall continue IP eligibility at the IP rate in effect at the time the RB contract is effective, and will continue for the duration of the RB agreement.  Multi-year contracts resulting in a consecutive ADSC (a tail) will return to the single-year IP rate while fulfilling the ADSC for the multi-year retention bonus (either Legacy POSP/ORB or CSP RB), however officer must notify AFPC at least 30 days prior to completion of multiyear contract in order to start IP only payments.  IP payments will continue for the duration of the tail.

According to United States Air Force Fiscal Year 2020 Biomedical Sciences Corps Consolidated Special Pay (CSP) Plan, dated 1 February 2020:

•	Contracts may be effective as early as the first day of the month in which the officer signed the contract (no backdating to the previous month or further).

•	Members must be certified by a recognized board in the clinical specialty as listed in Attachment 2, Table 4.  (The table lists the “The American Board of Certification in Medical Optometry” as a recognized certification board).

•	Members must submit a CSP BCP contract and copy of board certificate with start date (or notification letter) via myPers.  CSP BCP becomes a contract based pay and does not allow backdating.  Contract effective date may be no earlier than the first day of the month in which the contract was signed, or the start date of certification, whichever is later.

AIR FORCE EVALUATION

AFPC/DP2N recommends denying the application.  The applicant is requesting retroactive BCP in the amount of $500 per month for the period 1 October 2019 through 31 January 2020 and IP in the mount of $100 per month for the period 7 January 2019 through 31 December 2019.  However, the applicant failed to timely submit his contracts, which is his responsibility to do.  Additionally, the statute at issue (Title 10, United States Code, Section 335: Special bonus and incentive pay authorities for officers in health professions) contains no retroactive language to allow for retroactive pay.

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 14 April 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 Board concurs with the rationale and recommendation of AFPC/DP2N and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board notes that it is the applicant’s responsibility to apply for Consolidated Special Pay and submit a timely contract.  In view of the foregoing, 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-2020-01073 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 24 January 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2N, dated 8 April 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 14 April 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.