RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01812

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO
 
APPLICANT’S REQUEST

She receive Medical Specialty Pay for the period of 1 Jan 20 through 31 May 22.

APPLICANT’S CONTENTIONS

In Sep 19, she completed Endocrinology Fellowship training and received her credentials for Endocrinology, Internal Medicine and Flight Medicine.  She did not submit a request for medical specialty pay three months after completing fellowship training because she was miscounseled by her leadership who told her that she could apply for board certification pay, but could not apply for medical specialty pay.  She was assigned to a Joint Command with a non-clinical direct supervisor and did not discover the error until she prepared to transfer to an Air Force installation.  After discovering the oversight, she completed a one-year contract from 1 Jun 22 through 31 May 23.   

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 23 Dec 16, according to the Consolidation of Special Pays (CSP) Incentive Pay (IP) Contract Request (Non-GMO), the applicant requested one-year of IP for Internal Medicine, effective 1 Jan 17, and was approved on 19 Jan 17.

On 22 Sep 19, according to a San Antonio Uniformed Services Health Education Consortium certificate, provided by the applicant, she successfully completed a fellowship in Endocrinology for the period 1 Jul 17 through 22 Sep 19.  
 
On 12 Jun 22, according to the FY22 Consolidation of Special Pays (CSP) Incentive Pay (IP) Contract Request (Non-GMO), the applicant requested one-year of IP for Internal Medicine and Endocrinology, effective 1 Jun 22, and was approved on 23 Jun 22.

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

APPLICABLE AUTHORITY/GUIDANCE
		
Title 37, United States Code, Section 335 (37 U.S.C. § 335): Special Bonus and Incentive Pay Authorities for Officers in Health Professions, authorizes the Secretary of the Air Force to pay a health professions bonus, health professions incentive pay, and board certification incentive pay to eligible officers serving on active duty or in an active status. 

Fiscal Year 2019 Air Force Medical Corps Special Pay Plan,  paragraph 1.4.2.  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) as long as:  (1) the officer was eligible on the date to be used as the effective date; (2) the authorized endorser’s signature is dated within one-month of the officer’s signature; and (3) the contract is submitted to myPers/received by AFPC Medical Special Pays within 2-months of the officer’s signature.

AIR FORCE EVALUATION

AFPC/DP2N recommends denying the application. In Sep 19, the applicant states she was misinformed by her leadership and did not submit a contract for IP after completing her medical fellowship training.  She is requesting back pay for incentive pay for the period 1 Jan 20 through 31 May 22.  There is no evidence of an error or injustice on the part of the Air Force because the applicant is responsible for submitting IP contracts on time, reading the Pay Plan, and inquiring about their medical pay options.  Furthermore, 37 U.S.C. § 335 does not contain language that permits the backdating of contracts 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 15 Sep 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 found no evidence the applicant was miscounseled.  Furthermore, there was no evidence the applicant was prevented from submitting an IP contract after completing medical fellowship training.  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-2022-01812 in Executive Session on 18 Nov 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 6 Jul 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2N, w/atchs, dated 13 Sep 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 Sep 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.