RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01126 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His narrative reason for separation of Adjustment Disorder be changed to voluntary separation. 2. His separation program designation code (SPD) of GFY be changed to allow his entitlement to Transition Assistance Program. 3. He be provided the pro rata amount of $28,000 of the denied Incentive Special Pay (ISP) for medical officers and additional special pay (ASP) for medical officers congruent with his length of service which totals $51,000. _________________________________________________________________ APPLICANT CONTENDS THAT: He requested a hardship discharge based on the harm that his five-year old autistic son would experience due to decreased medical services provided by TRICARE and the Department of Defense (DoD) and his wife’s diagnosis of depression coupled with her history of multiple suicide attempts. He was offered and intended to accept a staff position at the Veteran’s Affairs North Texas Health Care System in Dallas, Texas; however, his request for discharge was denied despite having worked with his replacement for approximately 18 months prior to submitting the request. The Commander, Air Reserve Personnel Center (ARPC/CC) violated AFI 36-3209, Separation and Retirement Procedures for Air National Guard & Air Force Members, in the consideration and reporting of his denial request for separation. Despite multiple requests and the submission of an Inspector General (IG) complaint, ARPC/CC and ARPC have not met and fulfilled the requirements in the AFI. As ordered, he reported to his new duty station. However, due to the lack of adequate TRICARE certified providers, he was forced to pay between $3,000 to $4,000 per month for his son’s therapeutic care. This added expense coupled with the requirement to maintain two households was not sustainable on his military salary. He requested a weekly pass on Fridays throughout July, August, and early October, to care for his son while his wife attended mental health appointments; however, the requests were denied. He began receiving passes on 6 November 2009, after he stopped requesting passes and immediately after the tragic Fort Hood shootings. The combination of his son’s and wife’s deteriorating conditions, financial hardships, and geographic isolation took a heavy toll on his physical and mental health; whereby he contemplated suicide. Upon self-reporting to mental health in late July and subsequent mental health services beginning on 12 August 2009, he was diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood. It was recommended that he be relieved of his clinical privileges and separated from the Air Force. He was eligible to receive the special pays as of 1 July 2009 since he had completed a fellowship prior to entering active duty. However, due to the suspension of his credentials and recommendation to be administratively separated, his commander would not endorse the necessary request forms. In support of his request, the applicant provides copies of personal statements, statements from his wife, the Executive Director of the Brent Woodall Foundation for Exceptional Children, medical assessments and records for his son and wife, extracts from his personnel and medical records, character letters, an AF IMT Form 102, Inspector General Fraud, Waste & Abuse Complaint Registration, and congressional correspondence. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 1 July 2008. The applicant has an active duty service commitment until 30 June 2013 based on his participation in the Health Professions Scholarship Program (HPSP). On 18 November 2009, the applicant was notified of pending discharge action. Specifically, the commander cited the applicant’s diagnosis of Adjustment Disorder with Anxiety and Depressed Mood as the basis for discharge. The applicant consulted counsel and waived his right to submit statements in his own behalf. On 6 January 2010, the Secretary of the Air Force Personnel Council directed the applicant’s discharge and recoupment of his pro rata share of funds expended on his HPSP tuition. The applicant was discharged on 16 January 2010 with an honorable discharge with a narrative reason for separation of Adjustment Disorder and separation code of GFY. He is credited with 6 months and 16 days of active service and 10 years, 2 months, and 25 days of prior inactive service. Other relevant facts are contained in the HQ AFPC/DPAMF2 evaluations at Exhibits C and G and the HQ AFPC/DPSOS evaluation, which is at Exhibit D. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPAMF recommends partial relief by approval of a $15,000 pro rata ASP payment for the period 1 July 2009 to 18 January 2010, due to the failure of the authorized indorsing official to notify the applicant, in writing, of any recommendation to withhold or terminate ASP. Disapproval is recommended for the pro rata ISP payment due to the applicant not being eligible to receive Single-Year ISP because of his credentials being suspended on 28 September 2009. The earliest the applicant would have been eligible for ISP, if not for suspension of credentials, was 1 October 2009. HQ AFPC/DPMAF2 states DPAMF did not receive an ASP or ISP agreement nor did they receive the required withhold package endorsed by the applicant and the authorized endorsing official. Further, the Fiscal Year (FY) 2009 Air Force Medical Officer Special Pay Plan states, “Medical Corps officers who are on active duty under a call or order to active duty for a period of no less than one year and are not undergoing medical internship or initial residency training, and who execute a written agreement to remain on active duty no less than one year, who have a current, valid, unrestricted license or approved waiver, are entitled to ASP for any 12-month period at the annual amount of $15,000, subject to applicable State and Federal taxes. Physicians who have just completed internship training, but who are not presently in initial residency training are also eligible with evidence of having successfully completed all three parts of the National License Exam and submission of an application for licensure pending review and approval by a state licensing board. The complete HQ AFPC/DPAMF2 evaluation, with attachments, is at Exhibit C. HQ AFPC/DPSOS recommends denial for changing the applicant’s separation code. DPSOS states the applicant’s separation code was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The complete HQ AFPC/DPSOS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He states his qualifying training was completed on 30 June 2008, with the successful completion of his Diagnostic Radiology Residency. He was granted his Certificate in Diagnostic Radiology from The American Board of Radiology on 2 June 2008. Therefore, his effective date for ISP was 1 October 2008 and the ISP requested would not be paid during the same fiscal year in which his qualifying residency program was completed, as required. The additional training he opted for from 1 July 2008 to 30 June 2009 was a fellowship in Women’s Health Imaging and is not required or factored into the requirements for a “qualifying residency.” He states and believes it was a clerical error when the HQ AFPC/DPSOS advisory opinion stated he entered into the Health Professionals Scholarship Program (HPSP) on 7 April 2009. Incorrect statements were taken from a Letter of Counseling presented to him shortly after 20 August 2009. The accusation that he refused to perform his duties is completely incorrect. The medical credentialing department at the base failed to attain the proper credentials for him to read mammograms until the week in question. He admits to reporting to duty unshaven. The accusation that he complained about civilian employees is partially correct. He admits he complained about a single civilian employee. He states he repeatedly reported his concerns to the noncommissioned officers and individuals in his chain of command about the unqualified civilian. The civilian was eventually reassigned. He states he always made it clear that he had no intention to harm himself or others. The applicant's complete response, with attachments, is at Exhibit F. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: HQ AFPC/DPAMF1 recommends approval of ASP and ISP payments and state the applicant is eligible to receive ASP effective 1 July 2009 and pro rata Single-Year-ISP from 1 July 2009 to 18 Jan 2010. Initially, the applicant’s records did not reflect completion of Diagnostic Radiology Residency, which was completed on 30 June 2008. He did not enter active duty until 1 July 2009 and cannot receive ISP prior to that date. The authorized indorsing authority for the member must notify member, in writing, of any recommendation to withhold or terminate ISP and ASP. The complete AFPC/DPAMF1 evaluation is at Exhibit G. _________________________________________________________________ APPLICANT’S REVIEW OF ADDITIONAL ADVISORY: A copy of the additional Air Force evaluation was forwarded to the applicant on 4 August 2010 for review and comment within 30 days (Exhibit H). As of this date, this office has not received a response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice with regard to the applicant’s narrative reason for separation and separation code. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of HQ AFPC/DPSOS and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting this portion of the applicant’s request. 4. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding Incentive Special Pay (ISP) and Additional Special Pay (ASP). We note the indorsing authority failed to notify the applicant in writing of any recommendation to withhold or terminate his entitlement to ISP and ASP. Therefore, we concur with the Air Force office of primary responsibility and adopt it’s rationale that the applicant is entitled to receive the a pro rata share of ASP and a pro rata share of Single-Year ISP from 1 July 2009 to 18 January 2010. In view of the above, we recommend his records be corrected to the extent indicated below. 5. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that for the period 1 July 2009 to 18 January 2010, he was entitled to a pro rata share of Additional Special Pay and a pro rata share of Single- Year Incentive Special Pay. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-01126 in Executive Session on 14 September 2010, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPAMF2, dated 31 Mar 10, w/atchs. Exhibit D. Letter, HQ AFPC/DPSOS, dated 21 Apr 10. Exhibit E. Letter, SAF/MRBR, dated 25 Jun 10. Exhibit F. Letter, Applicant, dated 28 Jun 10, w/atchs. Exhibit G. Letter, HQ AFPC/DPMAF1, dated 2 Aug 10. Exhibit H. Letter, SAF/MRBR, dated 4 Aug 10. Panel Chair