RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01172

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

The effective date for his incentive special pay (IP) and board certification pay (BCP) contracts be 1 Oct 21, instead of 1 Dec 21.  

APPLICANT’S CONTENTIONS

On 18 Oct 21, his Reserve status changed from Individual Mobilization Augmentee (IMA) to Active Guard Reserve (AGR).  He was approved for IP and BCP earlier in the summer and was not informed a new application was needed for the change from IMA to AGR.  When he received his leave and earnings statement (LES) for Oct 21, he noted the special pays were not included.  He contacted MyPers and was advised he could not request a one-year IP contract, which was incorrect.  His IP and BCP should be backdated to Oct 21.  He was underpaid a significant amount due to no fault or negligence on his part.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve colonel (O-6).  

Per Special Order dated 15 Oct 21, the applicant was released from his Reserve of the Air Force assignment and ordered to extended active duty (EAD) as an AGR, effective 18 Oct 21 to 31 Oct 24.

On 4 Nov 21, the applicant contacted MyPers stating he was previously approved for IP and BCP as an IMA, effective 16 Sep 21.  He began an AGR tour on 18 Oct 21 and his LES for 1 to 31 Oct 21 did not reflect his IP or BCP.  The applicant was informed through MyPers that his IP and BCP as an IMA would have stopped if he was no longer an IMA and that he would need to complete the provided agreements for AGR.  

On 5 Nov 21, the applicant responded, stating the provided contracts were for a minimum of two years and he wanted to do a one-year contract as he may elect retirement in 14 months.  

On 9 Nov 21, the applicant was informed through MyPers, as an AGR he was required to sign contracts for at least two years and only Traditional Reservists were allowed one-year IP and BCP contracts.

On 17 Dec 21, the applicant signed the FY22 Consolidation of Special Pay (CSP) Incentive Pay (IP) Contract Request.  The contract reflects he understood he would receive $43,000 IP annually in equal monthly installments upon execution of the contract.  The requested effective date shows as 1 Dec 21.  

On 22 Dec 21, the applicant signed the FY22 Board Certification Pay Contract Request.  The contract reflects he understood he would receive $500 monthly upon the execution of the contract.  The requested effective for the contract shows as 1 Dec 21.  

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

APPLICABLE AUTHORITY/GUIDANCE

United States Air Force FY22 Medical Corps Consolidated Special Pay (CSP) Plan, effective 1 Dec 21, paragraph 1.4.2.1, states contracts may be effective as early as the first day of the month in which the officer signed the contract (no backdating to the previous month or further).  Paragraph 7.1. Officers are responsible for reading and understanding each year’s pay plan to determine if eligibility requirements are met prior to submitting special pay contract.  Each officer is responsible for requesting and monitoring their special pays and obligations.  

AIR FORCE EVALUATION

AFPC/DP2N recommends denial.  The applicant never signed nor submitted a contract for IP or BCP with an effective date of 18 Oct 21.  On 17 Dec 21, he signed an IP contract.  On 22 Dec 21, he signed a BCP contract.  Both contracts reflect an effective date of 1 Dec 21.  Ultimately, it is a member’s responsibility to submit contracts on time, to read the Medical Corps Pay Plan and ask questions if they are unsure about their contracts.  There is no retroactive language in 37 U.S.C. § 335 allowing 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 26 Jul 22 for comment (Exhibit D).  In an email dated 25 Aug 22, he states he could easily rebut the advisory opinion, but it is a moot point because he has already shifted his retirement date to Dec 2022.    

The 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.   While the applicant contends, he was not made aware he was required to submit new IP and BCP contracts upon change of his status from IMA to AGR, it is the applicant’s responsibility to submit contracts 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-2022-01172 in Executive Session on 16 Sep 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 21 Apr 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2N, w/atch, dated 18 Jul 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 26 Jul 22.
Exhibit E:	Applicant’s Response, w/atchs, dated 26 Aug 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.