RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01723
INDEX CODE: 128.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive retroactive Incentive Special Pay (ISP) in the amount of
$106.000.00.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should have received ISP since he met all the requirements.
The applicant states that he met all the published requirements for
ISP (i.e., completion of initial residency in the specialty, privilege
to the basic standard of the specialty, a current state medical
license, and engagement in the practice of the specialty for a
sufficient time to allow for the full maintenance of professional
skills in the specialty). He notes that he performed an average of
175 outpatient reconstructive plastic surgery procedures at the
Hurlburt clinic for each of the three years he was there. Although he
was advised that the Air Force Personnel Center (AFPC) had declined
his request for ISP because ISP could be paid only on a yearly
contract basis, he can find no such requirement in the law or
regulation. Since the Air Force received three years of valuable
plastic surgery work from him, he should receive ISP for this period.
In support of the appeal, the applicant submits copies of his plastic
surgery certificate, medical license, clinical privileges, proposed
ISP contract, and redacted copies of patient medical records.
The applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
In 1988, the applicant accepted a scholarship from the Air Force under
the Health Professions Scholarship Program (HPSP). As a result, he
incurred a three-year Active Duty Service Commitment (ADSC) and was
approved for a five-year Ear, Nose, and Throat (ENT) residency
commencing in 1990.
In 1993, the applicant resigned from his ENT residency and requested a
transfer to a plastic surgery program at the University of Chicago;
however, his request was denied by AFPC/SG.
On 29 August 1996, the applicant was awarded regular privileges in
plastic surgery and was eligible for ISP for plastic surgery.
_________________________________________________________________
AIR FORCE EVALUATION:
The Superintendent, Medical Special Pay Branch, AFPC/DPAMF1, reviewed
this application and states that the applicant left an approved ENT
residency in 1993 and transferred to a Plastic Surgery program without
approval. Establishing an obligation for the Air Force to pay for
credentials acquired in training, expressly disapproved, would
establish an undesired precedent. It is vitally important the Air
Force maintain control over its graduate education program.
Disapproval of Plastic Surgery residency was based on an overage (181%
of budget authorization) of plastic surgeons in the Air Force.
Although the applicant met the requirements for practice as a plastic
surgeon in the civilian community, he failed to meet the Air Force
requirements for plastic surgery certification (i.e., five-years
general surgery residency and additional three-year plastic surgery
fellowship). Therefore, they recommend denial of his request.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states that it
fails to discuss the requirements for ISP and whether he met the
requirements. He believes the pre-service lawsuit is irrelevant to
his appeal. Furthermore, he contends the purpose of referencing it in
the Air Force evaluation is to divert attention from the main issue.
Applicant's complete response is attached at Exhibit E.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The Superintendent, Medical Special Pay Branch, AFPC/DPAMF1, reviewed
this application and states that eligibility for ISP for plastic
surgeons requires completion of residency, fellowship or board
certification in Air Force Specialty Code (AFSC) 45SG. Their previous
advisory opinion recommended denial of his request because the
applicant did not meet the Air Force recognized criteria for
completion of a five-year general surgery residency and three-year
plastics fellowship. However, the 96th Medical Group Commander (96th
MDG/CC) reviewed the applicant’s credentials and awarded him regular
privileges in plastic surgery on 29 August 1996. Lack of documented
evidence to support residency and fellowship criteria and the 96th
MDG/CC’s decision to award the applicant plastic surgery privileges,
resulted in a revision to their original decision. Therefore, they
recommend the applicant’s eligibility for ISP in AFSC 45SG be
established at 29 August 1996 which will entitle him to two payments
of ISP at the Fiscal Year 1996 (FY96) and FY97 rates of $36,000.00.
A complete copy of the Air Force evaluation is attached at Exhibit F.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states that the
evidence shows that he earned three years of ISP, rather than just two
years. None of the eligibility requirements for ISP include clinical
privileging. Yet AFPC has arbitrarily imposed a requirement that the
ISP he be granted clinical privileges in a hospital that has an
operating room. However, they fail to indicate why they believe that
clinical privileges are a requirement. He does not believe the
granting of clinical privileges is at issue here. He believes the
issue is the requirement that he was engaged in the practices of the
specialty for a sufficient time to allow for the full maintenance of
professional skills in the specialty.
The applicant’s complete response is attached at Exhibit H.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After reviewing the
evidence of record, we are sufficiently persuaded that the applicant
is entitled to the Incentive Special Pay (ISP) for three years. The
Superintendent, Medical Special Pay Branch, in his letter to the
Board, states that since the 96th Medical Group Commander reviewed
the applicant's credentials and awarded him regular privileges in
Plastic Surgery on 29 august 1996 and in the lack of documented
evidence to support residency and fellowship, they recommend
applicant's eligibility for ISP in AFSC 45SG be established as of 29
August 1996. However, based on our review of the evidence submitted,
it appears that applicant met all requirements for ISP prior to that
date. Therefore, we recommend his records be corrected to the extent
indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that effective 29 August
1996, he was eligible for Incentive Special Pay (ISP) in Air Force
Specialty Code (AFSC) 45SG and is entitled to three payments of ISP at
the rate of $36,000 for each payment.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 8 June 1999, under the provisions of AFI 36-2603:
Mr. Oscar A. Goldfarb, Panel Chair
Mr. Lawrence R. Leehy, Member
Mr. David E. Hoard, Member
Mr. Phillip Horton, Examiner (without vote)
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jun 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAMF1, dated 1 Jul 98.
Exhibit D. Applicant’s Response, dated 17 Sep 98.
Exhibit F. Letter, AFPC/DPAMF1, dated 5 Jan 99.
Exhibit G. Letters, AFBCMR, dated 18 Jan 99 & 3 Aug 98.
Exhibit H. Applicant's Response, dated 12 Feb 99.
OSCAR A. GOLDFARB
Panel Chair
AFBCMR 98-01723
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that effective 29 August
1996, he was eligible for Incentive Special Pay (ISP) in Air Force
Specialty Code (AFSC) 45SG and is entitled to three payments of ISP at
the rate of $36,000 for each payment.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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