RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02239

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be authorized medical Incentive Pay (IP) for the period July-August 2019

APPLICANT’S CONTENTIONS

He was not made award of IP eligibility while inprocessing in July 2019.  He was promptly sent on temporary duty (TDY) and did not return until early September 2019.  He learned of IP upon his return and submitted his contract at that time.  He requests his contract include Jul-Aug because he was not properly informed of his eligibility.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a captain (O-3) in the Regular Air Force.

On 25 May 2019, the applicant received Constructive Service Credit for entry into the Medical Corp.

On 5 July 2019, the applicant entered Extended Active Duty after participating in the Health Professions Scholarship Program.

The IP contract retrieved from the Automated Records Management System, reflects the applicant’s IP contract effective date was changed to 1 September 2019, in order to correspond with his signature month of September 2019.

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

APPLICABLE AUTHORITY

Title 37 United States Code (U.S.C.) Section 335, Special Bonus and Incentive Pay Authorities for Officers in Health Professions.

(b) Health Professions Incentive Pay.  The Secretary concerned may pay incentive pay under this section to an officer in a regular or reserve component of a uniformed service who-
(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and
(2) is serving on active duty or in an active status in a designated health profession specialty or skill.
(d) Additional Eligibility Criteria.  The Secretary concerned may impose such additional criteria for the receipt of a bonus or incentive pay under this section as the Secretary determines to be appropriate.
(e) Maximum Amount and Method of Payment. 
(1) Maximum amount.  The Secretary concerned shall determine the amounts of a bonus or incentive pay to be paid under this section, except that-
(A) a health professions bonus paid under paragraph (1) of subsection (a) may not exceed $30,000 for each 12-month period of obligated service agreed to under subsection (f);
(B) a health professions bonus paid under paragraph (2) of subsection (a) may not exceed $100,000 for each 12-month period of obligated service agreed to under subsection (f);
(C) a health professions bonus paid under paragraph (3) of subsection (a) may not exceed $75,000 for each 12-month period of obligated service agreed to under subsection (f);
(D) health professions incentive pay under subsection (b) may be paid monthly and may not exceed, in any 12-month period-
(i) $100,000 for medical officers and dental officers; and
(ii) $15,000 for officers in other health professions; and
(E) board certification incentive pay under subsection (c) may not exceed $6,000 for each 12-month period an officer remains certified in the designated health profession specialty or skill.
(2) Lump sum or installments.  A health professions bonus under subsection (a) may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. Board certification incentive pay under subsection (c) may be paid monthly, in a lump sum at the beginning of the certification period, or in periodic installments during the certification period, as determined by the Secretary concerned.
(3) Fixing bonus amount.  Upon acceptance by the Secretary concerned of the written agreement required by subsection (f), the total amount of the health professions bonus to be paid under the agreement shall be fixed.
(f) Written Agreement for Bonus.  To receive a bonus under this section, an officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies-
(1) the amount of the bonus;
(2) the method of payment of the bonus under subsection (e)(2);
(3) the period of obligated service;
(4) whether the service will be performed on active duty or in an active status in a reserve component; and
(5) the type or conditions of the service.
 (h) Relationship to Other Pay and Allowances.- 
 (2) Health professions incentive pay.  Incentive pay paid to an officer under subsection (b) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 353 of this title for the same skill and period of service.

AIR FORCE EVALUATION

AFPC/DP2N, recommends denying the application.  Based on the analysis of the facts, there is no evidence of an error or injustice on the part of the government. On 3 Sep 19, the applicant signed the IP contract with effective date of 5 Jul 19.  However, in accordance with policy, the contract can only be backdated to the first date of the month from which the contract was signed.  Therefore, the effective date was changed to 1 Sep 19.  While the applicant was eligible for 1 Jul 19, the contract was not signed in time.  Prior to going to residency training he had a General Medical Officer (GMO) contract.  The applicant should have known the Resident Incentive Pay would need to be submitted specifically since he is a GMO and will not receive the same rate.  Ultimately, it is the applicant’s responsibility to submit contracts on time, to read the Medical Corp (MC) Pay Plan at all times, and ask questions if they are unsure or have questions about their contracts.  Furthermore, the statute at issue (Title 37 U.S.C. Section 335) contains no retroactive language to allow for backdating/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 21 Oct 20 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.  Therefore, 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-2020-02239 in Executive Session on 14 Dec 20:

, 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/atch, dated 23 Mar 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2N, w/atch, dated 22 Sep 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 21 Oct 20.

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.