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AF | BCMR | CY2001 | 0102448
Original file (0102448.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02448
            INDEX NUMBER: 128.06

      XXXXXXXXXXXXXX   COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  Yes

_______________________________________________________________

APPLICANT REQUESTS THAT:

Applicant requests retroactive payment of Medical Incentive Special Pay
(ISP) for the period 1 Oct 00 through 30 Sep 01.

_______________________________________________________________

APPLICANT CONTENDS THAT:

She made a decision not to sign her  ISP  contract  during  the  normal
timeframe in November 2000 due to information she was given by the  NCO
in the Special Actions Section of her Military Personnel Flight  (MPF),
the supposed assigned subject matter  expert,  that  the  ISP  contract
could be “signed at any time.”

She was  provided  the  actual  ISP  contract,  but  given  no  further
information regarding procedural instructions, so she had  to  rely  on
the information given to her by the NCO.

The applicant’s complete submission is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty as a doctor from 6 Jun 94 to 30 Aug
01, separating in the grade of major.

The remaining relevant facts pertaining to this application,  extracted
from the applicant’s military records,  are  contained  in  the  letter
prepared by the appropriate office of the Air Force at Exhibit C.

_______________________________________________________________

AIR FORCE EVALUATION:

The Superintendent, Medical Special Pays Branch, AFPC/DPAMF1, evaluated
this application and recommends denial of the applicant’s request.

Information on Health Profession Special Pays is provided to  servicing
MPFs through an MPF  memorandum  (MPFM)  (FY01  program  was  announced
through MPFM 00-36, 5 Oct 00) and to all Air Force  physicians  through
their Medical Treatment Facility Commander (HQ AFPC Memorandum, 19  Sep
00).  The program announcement and all medical  special  pay  contracts
are posted on the HQ AFPC website.

The MPFM and HQ AFPC Memorandum included the statements “Agreements  to
be effective 1 Oct 00 must be received by this office NLT  30  Nov  00.
Agreements signed after 30 Nov 00 will be effective the date  they  are
signed.”

The applicant contacted AFPC/DPAMF1 to see if  she  could  receive  ISP
retroactively to 1 Oct 00.  She was advised that ISP agreements are not
backdated unless the individual can show administrative oversight.  The
applicant stated to the representative from  AFPC/DPAMF1  that  at  the
time she should have completed her ISP agreement, she was  applying  to
residency programs and if accepted to a  civilian  program,  had  every
intention of separating on her DOS.  The applicant’s own statements  to
the  AFPC/DPAMF1  representative  do  not  demonstrate   administrative
oversight.

Additionally, ISP is used by the Air Force  as  a  retention  tool  and
requires a 12-month commitment from the  individual.   The  applicant’s
DOS is 30 Aug 01 so she  did  not  possess  adequate  retainability  to
receive ISP.

The information concerning the required  submission  date  was  clearly
available to the applicant.  Additionally, ISP is used as  a  retention
tool and because the applicant’s  stated  intent  was  to  separate  if
accepted in a civilian residency program, her request  for  retroactive
payment should be denied.

The complete evaluation, with attachments, is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the advisory opinion  and  again  reiterated
that  the  basis  of  her  request  is  that  she  was  provided  wrong
information regarding the time period for  signing  the  ISP  contract.
She states that when she received an e-mail from  AFPC/DPAMF1  advising
her that the ISP could not be backdated, she immediately contacted  the
Special Actions NCO in her MPF to find out what needed to be done.  She
states that she was told to ask about a  “retro-ISP.”   In  support  of
this contention she provides an e-mail  with  a  handwritten  note  she
claims was written by the NCO in Special Actions advising her of this.

The applicant’s complete response, with attachment, is at Exhibit E.

_______________________________________________________________

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.  We took  notice  of  the
applicant's complete submission in judging the merits of the case.  The
preponderance of evidence appears to indicate that  the  applicant  was
miscounseled by a NCO in the MPF.  While this  is  indeed  regrettable,
our review of the totality of circumstances involved in the  case  does
not convince us that she has been the victim of an error or  injustice.
We note that in three of the statements of  support  provided  by  her,
reference is made to physicians being referred to the AFPC website  for
information on the ISP.  The applicant makes no mention of whether  she
was aware of or has used this source since  it  contains  complete  and
accurate information on the ISP.  Further, we note that  the  statement
from her squadron commander fails to address what actions were taken by
her chain of command to inform physicians on requirements of the ISP as
stipulated in the 19 Sep 00 Memorandum put out by the Medical  Services
Officer Management Division at the Air Force Personnel Center.  Rather,
he states that “despite the possible procedural errors  and  regardless
of reasons for why she never received this payment, I am in support  of
corrective action for her to be properly paid for the services that she
provided during this time period…”  His view seems  to  contradict  the
purpose of the ISP, i.e., as a retention incentive.  It appears to  the
Board that the applicant’s problems with ISP were caused  primarily  by
her efforts to remain eligible for ISP as well as  maintaining  maximum
flexibility to separate before or on her  established  DOS  should  the
options she was pursuing come through.  In view of the above  findings,
we believe that sufficient sources, with correct information  regarding
the ISP, were  available  to  the  applicant;  therefore,  we  find  no
compelling basis to  recommend  granting  the  relief  sought  in  this
application.

4.  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 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 6 November 2001, under the provisions of  AFI  36-
2603:

      Ms. Peggy E. Gordon, Panel Chair
      Mr. John B. Hennessey, Member
      Ms. Carolyn J. Watkins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Aug 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPAMF1, dated 25 Sep 01,
                w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 12 Oct 01.
    Exhibit E.  Memorandum, Applicant, dated 20 Oct 01, w/atch.




                                   PEGGY E. GORDON
                                   Panel Chair

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