RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00702

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His Board Certification Pay (BCP) be backdated to 1 May 2020 through 31 January 2021 for $500 per month.

APPLICANT’S CONTENTIONS

He graduated residency in June 2019.  He was deployed in support of contingency and counterterrorism operations in early 2020 through September 2020.  Due to his service to his country, he was unable to complete the initial oral board certification exam in May 2020, which was the final step in becoming a board certified Emergency Physician.  He passed his oral boards at the earliest opportunity after returning from deployment.  This delay, through no fault of his own and due to his service to his country caused him to lose board certification pay of $500 a month from May 2020 to January 2021.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force captain (O-3) who serves as a Staff Physician.

On 10 February 2021, the applicant received his certification in Emergency Medicine from the
American Board of Emergency Medicine.

On 23 February 2021, the applicant signed a Board Certification Pay (BCP) Contract Request with an effective date of 10 February 2021.

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.  Based on the analysis of the facts, there is no evidence of an error or injustice on the part of the government.  Per the FY20 Medical Corps Pay Plan, members must submit their BCP contract along with a copy of their board certificate with start date (or notification letter) via myPers to begin BCP.  BCP is a contract based pay and does not allow backdating.  The applicant did not sign/submit a contract via myPers on 1 May 2020.  Ultimately, it is the member’s responsibility to submit contracts on time, to read the MC Pay Plan at all times, and ask questions if they are unsure or have questions about their contracts.  

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 6 April 2021 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-2021-00702 in Executive Session on 26 August 2021:

, 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 23 February 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2N, w/atch, dated 1 April 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 6 April 2021.

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.