RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00273

XXXXXXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

She be allowed to retroactively submit her FY 21 Consolidated Special Pay (CSP) Incentive Pay General Medical Officer (GMO) contract.

APPLICANT’S CONTENTIONS

Due to being under an abnormal amount of stress from the COVID-19 pandemic, preoccupation from working 65+ hours per work, duty in the cough and cold/COVID-19 clinic once a week, and seeing 50+ patients (civilian, military, and dependents) per week, she neglected to submit her annual GMO IP request for the period of Mar 21 to Mar 22.  She believes that the due to her quality of care, her commitment to duty, and these trying times, she be allowed to retroactively submit her request for her IP contract for FY 21.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force captain (0-3).

On 1 Mar 20, applicant signed FY 20 Consolidation of Special Pays (CSP) Incentive Pay (IP) Annual Contract Request (GMO), with an effective date of 1 Mar 20.  According to the contract, she received $20,000 in IP paid annually in equal monthly installments upon execution of this plan.

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

APPLICABLE AUTHORITY/GUIDANCE

According to United States Air Force Fiscal Year 2021 Medical Corps Consolidated Special Pay (CSP) Plan:

•	All CSP pay types require a contract to initiate pay

•	GMOs (General Medical Officers). GMO IP-only contracts must be renewed annually.

•	Individual officers must submit their own contract via myPers to ensure appropriate tracking and payment.

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.  The IP GMO contract is an annual contract and must be submitted annually to receive pay.  The applicant never signed nor submitted a new IP contract, with an effective date of 1 Mar 21, as counseled and instructed by Medical Special Pay.  Lastly, the statute at issue (Title 37, United States Code (USC) Section 335: Special bonus and incentive pay authorities for officers in health professions) 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 30 Mar 22 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.

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-2022-00273 in Executive Session on 17 May 22:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 10 Jan 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2N, w/atch, dated 3 Feb 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 30 Mar 22.

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.