RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-00566
INDEX CODE: 128.14
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be paid the medical pay bonus that Congress had authorized for dentists
activated for DESERT SHIELD/STORM.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Congress passed legislation to pay Reserve physicians and dentists in
support of DESERT SHIELD/STORM the same medical special pay bonus
authorized their active duty counterparts. He did not receive this special
pay.
In support of the appeal, applicant submits AFRPC message, dated 15
February 1991, SG’s Special Pay bonus for Physicians letter, Request and
Authorization for Active Duty Training/Active Duty Tour, Request and
Authorization for Change of Administrative Orders, and Certificate of
Release or Discharge from Active Duty.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the United States Air Force Reserve
(USAFR) in the grade of lieutenant colonel.
Applicant was called to active duty for the period 3 December 1990 - 31
July 1991. Upon activation, the applicant was given two years of
creditable service based on his active duty as a general dental officer
from August 1972 to August 1974. Dental corps officers needed a minimum of
three years of creditable service to be eligible for Additional Special Pay
(ASP).
Effective 1 October 1996, Public law increased Dental Officer pay rates in
Fiscal Year 1997 (FY97), allowing dental officers to draw ASP with less
than three years of creditable service.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Health Services Management Division, Directorate of Health
Services, HQ AFRC/SGS, reviewed this application and states that the
applicant has provided the necessary documentation to substantiate his
request for special pay in support of DESERT SHIELD/STORM. They recommend
approval.
A complete copy of the Air Force evaluation is attached at Exhibit C.
The Superintendent, Medical Special Pay Branch, AFPC/DPAMF1, reviewed the
application and states that during the applicant’s activation he did not
meet the eligibility criteria for Dental Officer ASP. Public Law
increasing Dental Officer pay rates in FY97 and allowing dental officers to
draw ASP with less than three years of creditable service, effective on 1
October 1996, was long after the applicant’s release from active duty. The
applicant did not meet the eligibility requirements to receive Dental
Officer ASP during his period of active duty from 3 December 1990 - 31 July
1991. They recommend denial of applicant's request for pro-rated Dental
Officer ASP while activated during Operation DESERT SHIELD/STORM.
A complete copy of the Air Force evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 15
March 1999, for review and response within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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 probable error or injustice. After reviewing the evidence
submitted with this appeal, we are not persuaded that the applicant has
been a victim of an error or injustice. The Board notes that the applicant
had a period of active duty from 3 December 1990 to 31 July 1991 and was
given two years of creditable service based on his active duty as a general
dental officer from August 1972 to August 1974. In accordance with AFR 36-
8, para 3.b.(1), Special Pay for Dental Corps Officers, 1 September 1986,
dental corps officers needed a minimum of three years of creditable service
to be eligible for Additional Special Pay (ASP). Even though public law
increased Dental Officer pay rates in fiscal year 1997, allowing dental
officers to draw ASP with less than three years of creditable service,
effective 1 October 1996, this was more than five years after the
applicant’s period of active duty. Therefore, we are of the opinion that
the applicant was not eligible to receive Dental Officer ASP and in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material error or injustice; that the application
was denied without a personal appearance; and that the application will
only be reconsidered upon the submission of newly discovered relevant
evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 29 July 1999, under the provisions of AFI 36-2603:
Mr. Henry Romo, Jr., Panel Chair
Ms. Margaret A. Zook, Member
Mr. Gregory H. Petkoff, Member
Ms. Gloria J. Williams, Examiner (without vote)
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Feb 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/SGS, dated 28 Jan 99.
Exhibit D. Letter, AFPC/DPAMF1, dated 24 Feb 99, w/atch.
Exhibit E. Letter, AFBCMR, dated 15 Mar 99.
HENRY ROMO, JR.
Panel Chair
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