RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00657
INDEX NUMBER:
XXXXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His eligibility date for Medical Continuation Pay be changed from 1
Dec 01 to 1 Oct 01.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was miscounseled by the Medical Special Pays Branch at AFPC that
because he was doing an interservice transfer on 2 Aug 02, he was not
eligible for his bonus on 1 Oct 01. He later learned that he was in
fact eligible because of his transfer being delayed due to stop-loss.
He was paid the bonus with an eligibility date of 1 Dec 01, resulting
in a greater debt to the Air Force when he transferred to the U.S.
Public Health Service on 2 Aug 02.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this case are contained in the
evaluation prepared by the appropriate office of the Air Force found
at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAMF1 recommends denial of the applicant’s request.
The applicant contacted their office stating his intention to separate
from the Air Force to become a member of the Public Health Service on
2 Aug 02. He was advised that he would be ineligible for the 1 Oct 01
Medical Continuation Pay because according to Title 37, Chapter 5,
Section 302, paragraph c, “an officer is not eligible for incentive
special pay for any twelve-month period unless the officer first
executes a written agreement under which the officer agrees to remain
on active duty for a period of not less than one year beginning on the
date the officer accepts the award of such pay.”
The applicant was approved for an interservice transfer, but
separation was delayed due to Stop-Loss. Title 37, Chapter 5, Section
302f authorizes involuntarily retained officers medical special pays
on a monthly basis. However, on 2 Nov 01, HQ USAF/SG implemented
policy to pay involuntarily retained officers medical special pays on
an annual basis with the understanding the member would repay the
government the unearned portion of any payment received. This policy,
as well as HQ AFPC/DPA MPFM 01-32 (instructions for completing and
submitting all medical special pay agreements) were posted on the HQ
AFPC Medical Special Pays web page on 6 Nov 01. The posted
instructions included guidance that for agreements to be effective 1
Oct 01, they must be received by AFPC/DPAMF1 not later than 30 Nov 01.
Agreements received after this date would be effective the date they
were signed. Late submissions could be excused when a member’s
medical group commander documented on the request that the member had
been unavailable to sign in a timely manner due to deployment,
extended hours, etc.
The applicant’s faxed request for Stop-Loss exemption was received on
31 Jan 02. His signature is dated 28 Jan 02. His medical group
commander’s signature is dated 31 Jan 02. There was no reason
indicated for the late submission. The applicant indicated his
effective date as 30 Nov 02 (not 30 Nov 01) and, following the
published guidance and directives, his effective date was established
as 1 Dec 01.
In accordance with the pay agreement he signed, the applicant received
$28,000 for the twelve-month period of 1 Dec through 30 Nov 02. When
he was discharged from the Air Force on 2 Aug 02, he was required to
repay the unearned portion for the period 3 Aug 02 through 30 Nov 02.
The complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response to the Air Force evaluation, applicant states that he
was not aware of the information posted on the Medical Special Pays
web site. He was also not advised of this site when he contacted the
Medical Special Pays Branch by phone. He accepted the information
that he was given, that he was not eligible for the bonus, and did not
try to receive the bonus.
It was late in Jan 02 when he found out through a colleague that the
“Stop-Loss Specific Pay Agreements” option should apply to him. When
he contacted the Medical Special Pays Branch, he was advised that he
had been given the wrong information and that his agreement could not
be backdated. He was not informed that his medical group commander
could get this waived by indicating he was unavailable to sign.
However, this option is irrelevant since he was available to sign, but
was given the wrong information.
The applicant’s complete response 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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. While it appears that the applicant
may have been given correct information about his eligibility for
incentive special pay at the time he contacted the Medical Special
Pays Branch, the Board is not convinced that the dissemination of
information about the newly implemented Stop-Loss Incentive Special
Pay (ISP) program via a web page was sufficient to make the applicant
aware of the requirements for him to receive the Stop-Loss ISP and to
get his effective date established as 1 Oct 01. The Board finds it
reasonable to conclude that the applicant was not aware of the Stop-
Loss ISP requirements since failure to meet the established deadlines
could result in a large monetary loss, such as the applicant’s. The
Board believes that the doubt that exists should be resolved in the
applicant’s favor. Therefore, the Board recommends that the
applicant’s records be corrected as 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 competent authority
determined that, due to circumstances beyond his control, he was not
available on or before 30 Nov 01, to sign the Single-Year Incentive
Special Pay (ISP) Agreement, signed on 28 Jan 02 and endorsed on 31
Jan 02, and that his Stop-Loss Incentive Special Pay effective date is
1 Oct 01.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-
00657 in Executive Session on 21 May 2003, under the provisions of AFI
36-2603:
Mr. Thomas J. Topolski, Panel Chair
Ms. Marilyn Thomas, Member
Ms. Ann-Cecile McDermott, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPAMF1, dated 17 Mar 03.
Exhibit D. Letter, SAF/MRBR, dated 21 Mar 03.
Exhibit E. Letter, Applicant, dated 25 Mar 03.
THOMAS J. TOPOLSKI
Panel Chair
AFBCMR BC-2003-00657
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 XXXXXXXXXXX, XXX-XX-XXXX, be corrected to show that,
due to circumstances beyond his control, he was not available on or
before 30 Nov 01, to sign the Single-Year Incentive Special Pay (ISP)
Agreement, signed on 28 Jan 02 and endorsed on 31 Jan 02, and that his
Stop-Loss Incentive Special Pay effective date is 1 Oct 01.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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