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AF | BCMR | CY2003 | BC-2002-03910
Original file (BC-2002-03910.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03910
            INDEX CODE:  128.06
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed Incentive Special Pay (ISP) for the period of October  2001
through April 2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He submitted a late ISP contract  for  retroactive  pay.   His  request  was
denied and his appeal was denied.  He served continuously during  this  time
period and met the eligibility provisions of the ISP  contract.   His  delay
was due to post 11 Sep 01 preparedness  and  his  deployment  from  December
2001 through March 2002.

In support of his request, applicant provided documentation associated  with
his ISP contract request.  His complete submission, with attachments, is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is currently serving on extended active duty as  a  medical  corps
officer in the grade  of  lieutenant  colonel.   The  applicant's  commander
submitted an ISP contract to DPAMF1 in May 2002 to be effective  1  Oct  01.
The request was denied by DPAMF1.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMF1 recommends  denial.   DPAMF1  states  that  on  20  May  02  the
347MDG/CC requested the applicant be paid  retroactive  ISP  for  1  Oct  01
through 30 Sep 02.  The commander  stated  that  the  applicant  "overlooked
signing his contract" and had been on a  3-month  long  deployment.   DPAMF1
denied the request stating that overlooking the  requirement  to  submit  an
ISP contract for more than 6 months (far beyond the submission  deadline  of
30 Nov 01) is not a valid reason for retroactive payment of medical  special
pay.  Additionally, the  3-month  deployment  was  not  a  valid  reason  to
authorize  a  retroactive  payment;  although  deployment  could  have  been
grounds for a 3-month waiver, he allowed another  3  months  to  pass  after
returning from the  deployment  before  addressing  the  issue.   ISP  is  a
retention tool that carries a  1-year  obligation  beginning  the  date  the
officer accepts such special pay, per Title 37, OASD/HA Letter dated 16  Aug
01, and AFPC/DPA MPFM 01-31.  It is  not  normally  allowed  that  a  member
receive backdated special pay  for  time  already  served  unless  there  is
evidence of failure on part of the Air  Force.   His  legal  counsel  stated
that  he  consistently  submitted  late  ISP  contracts  and  despite   late
submissions received full annual payment.  DPAFM1 cannot account  for  those
circumstances.  Retroactive payment was not authorized because of  published
guidance.  It was recommended that the applicant request  USAF/SG  authorize
the retroactive payment.   However,  authorization  was  not  received  from
USAF/SG.  The DPAMF1 evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17  Jan
03 for review and comment within 30 days.  As of this date, this office  has
received no 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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case;  however,  the  Board
majority agrees with the opinion and recommendation of the Air Force  office
of primary responsibility and adopts their rationale as the basis for  their
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.  The Board majority believes that the  applicant  had  reasonable
time prior to and subsequent to his deployment to submit his  ISP  contract,
yet he failed to do so.  Persuasive evidence has not  been  presented  which
would lead the majority of the Board  to  excuse  his  untimely  submission.
Therefore, in the absence of evidence to the contrary,  the  Board  Majority
finds no compelling basis to recommend granting the relief  sought  in  this
application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2002-03910
in Executive Session on 9 Apr 03, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Billy C. Baxter, Member
      Ms. Martha Maust, Member

By a majority vote, the Board voted  to  deny  the  request.   Mr.  Gallogly
voted to correct the record and did not desire to submit a minority  report.
 The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Nov 02.
    Exhibit B.  Letter, AFPC/DPAMF1, dated 8 Jan 03.
    Exhibit C.  Letter, SAF/MIBR, dated 17 Jan 03.




                                             MICHAEL K. GALLOGLY
                                             Panel Chair




MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
               FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that the applicant
had not provided sufficient evidence of error or injustice and recommended
the case be denied.  I concur with that finding and their conclusion that
relief is not warranted.  Accordingly, I accept their recommendation that
the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards
Agency


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