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AF | BCMR | CY1999 | BC-1997-00566
Original file (BC-1997-00566.doc) Auto-classification: Denied

                            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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