RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02291

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Restoration of his Incentive Pay (IP) for the period 15 May 19 to 31 May 20.

APPLICANT’S CONTENTIONS

He met with the base Finance Office in 2019, around the time his initial IP contract was due to expire.  He was informed the payments were continuing and there was no need to renew the contract.  Additionally, his Chief of Medical Staff was unaware his IP contract needed to be renewed annually, and was unable to provide guidance.  He made an attempt to clarify the issue in a timely manner, but was misinformed.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a major (O-4) in the Regular Air Force.

On 2 Apr 17, the applicant signed Consolidation of Special Pays (CSP) Incentive Pay (IP) Contract Request, authorizing 1 year of incentive pay in block 2, with an effective date of 1 Jun 17 in block 3.  The 1-year IP was approved on 24 Mar 17, in block 6.

On 1 May 18, he again signed Consolidation of Special Pays (CSP) Incentive Pay (IP) Contract Request, authorizing incentive pay, with an effective date of 15 May 18.  While block 2 is not checked identifying 1 year of incentive pay, block 3.c. indicates “This contract requires annual renewal.”  The 1-year IP was approved on 9 May 18, in block 6.

On 23 Jun 20, he signed Consolidation of Special Pays (CSP) Incentive Pay (IP) Contract Request, authorizing incentive pay, with an effective date of 1 Jun 20.  Block 3.c. again indicates “This contract requires annual renewal.”  The IP was approved on 25 Jun 20, in block 6.

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 analysis of the facts, there is no evidence of an error or injustice.  The applicant had a General Medical Officer (GMO) contract 15 May 18 through 14 May 19, which stated the contract needs to be submitted annually.  He did not submit an annual GMO IP contract from 15 May 19 through 14 May 20.  The applicant submitted a GMO IP contract with a backdated 15 May 19 effective date, but signed in Jun 20.  The GMO IP contract was corrected to reflect 1 Jun 20.  According to policy, you can only backdate the contract to the first of the month from which you signed the contract.  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.  Additionally, 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 1 Oct 20 for comment (Exhibit D), and the applicant replied on 31 Oct 20.  In his response, the applicant contends that he did in fact ask questions about his contract.  In Mar 19, he met with the finance office requesting assistance with renewing his Medical Special Pay Contract, but was advised he did not need to renew the contract.  He was also advised his Incentive Pay payments were continuing and he did not need to renew the IP contract.  The applicant’s complete response is at Exhibit E.

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.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2020-02291 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/atchs, dated 28 Jul 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2N, dated 22 Sep 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 1 Oct 20.
Exhibit E:	Applicant’s response, dated 31 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.