RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00574

XXXXXXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

Her board certification pay (BCP) contract be backdated from 1 Feb 22 to 13 Nov 18 and she receive retroactive BCP for the time period of 13 Nov 18 through 31 Jan 22.

APPLICANT’S CONTENTIONS

She was not properly counseled on approved pay allowances when she was commissioned as a direct accession and it was six months later, through a co-worker, that she found out she was eligible for Incentive Pay (IP), which she applied for, provided documentation of her board certification, and was awarded in Jul 19.  She has worked every day, deployed, and managed COVID-19 patients, utilizing her board certification.  She believes that she has earned her BCP pay, but due to the lack of both mentoring and information she did not apply on the earliest possible date.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a Regular Air Force captain (0-3) in the Biomedical Sciences Corps (BSC).

On 2 Feb 22, according to myPers-Total Force Service Center correspondence, provided by the applicant and dated 9 Feb 22, she submitted her FY 22 BCP contract with 13 Nov 18 as the requested effective date.

According to National Commission of Certification of Physician Assistants (NCCPA) memorandum document, provided by applicant, dated 2 Feb 22, she was initially certified on 13 Nov 18.

According to Military Personnel Database System (MilPDS) Single Unit Retrieval Format (SURF), dated 28 Apr 22, her BCP pay start date was 1 Feb 22.

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

APPLICABLE AUTHORITY/GUIDANCE

United States Air Force Fiscal Year 2018, Biomedical Sciences Corps  Consolidated Special Pay (CSP) Plan:

1.4.1.1. All CSP pay types require a contract to initiate pay. Details on contract durations and rates are provided later in the Pay Plan.

1.4.4.2. Each contract should be submitted separately via myPers. For example, CSP Incentive Pay (IP) and CSP Board Certification Pay (BCP) contracts should each have a separate ticket within the myPers system.

4.1. Eligibility. In addition to the requirements of paragraph 1.3, a BSC officer is eligible for IP if he/she: 

4.1.4.1. Physician Assistants (PA) (42G) must have completed at least 6-months on active duty as a PA providing primary medical care.
 
6.1. To be eligible for BCP, an officer must: 

6.1.4. 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. Based upon analysis of the facts, there is no evidence of an error or injustice.  All consolidated special pay types require a contract to initiate pay.  It is the member’s responsibility to submit contracts on time, to read the Biomedical Sciences Corp pay plan, and ask questions if they are unsure of the contracts and overall medical special pay process.  Unfortunately, she neither signed nor submitted a contract for BCP in Nov 18 and the statute, 37 USC 335, does not contain language allowing for backdating or 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 20 Apr 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.  The Board notes that it is the applicant’s responsibility to submit the consolidated special pay contract on time.  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-2022-00574 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, w/atchs, dated 8 Feb 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2N, w/atch, dated 24 Feb 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 20 Apr 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.