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AF | BCMR | CY2003 | BC-2003-02567
Original file (BC-2003-02567.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-02567
                                       INDEX CODE:  128.05, 128.10

      XXXXXXXXXXXXXXX                   COUNSEL: NONE

      XXXXXXXXXXXXX                     HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be paid Fiscal Year 2003 Critical Skills Retention Bonus (FY03 CSRB).

___________________________________________________________________

APPLICANT CONTENDS THAT:

His commander failed to notify him of the FY03 CSRB program notice and he
was wrongfully denied the opportunity to apply for  it.   He  would  have
been qualified as a board certified radiologist for a single  payment  of
$50,000.

In support of his application, he provided his deployment orders to Saudi
Arabia for the period July 2002 - November 2002 and copies of  electronic
messages inquiring about applying for the CSRB.  The applicant’s complete
submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

According to the Military Personnel Data System (MilPDS),  the  applicant
is currently serving on active duty in the grade  of  lieutenant  colonel
with a Total Active Federal Military Service  Date  (TAFMSD)  of  1  July
1989.  Documents provided by the applicant indicate he  was  deployed  to
Saudi Arabia for 91 days in support of OPERATION SOUTHERN WATCH  starting
25 July 2002.  On 9 August 2002, the Assistant Secretary of  Defense  for
Health Affairs announced the Fiscal Year 2003 Health Professions Critical
Skills Retention Bonus Plan.   The  plan  announced  new  incentives  for
certain health professionals under the Critical  Skills  Retention  Bonus
(CSRB) Plan.  Radiology was an eligible specialty for a one-time  payment
of $50,000.  An AFPC/DPAM memorandum dated 19 August 2002,  notified  all
Major Commands and Medical Treatment  Facility  Commanders  of  the  plan
establishing a suspense date of 20 September 2002 for making application.
 Instructions  in  the  memorandum  directed  the  addressees  to  ensure
eligible personnel, including deployed members, receive an opportunity to
apply for the CSRB.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMF1 states that the  applicant  did  not  submit  an  application
package for the FY03 CSRB and that DPAM does not have  the  authority  to
retroactively award the FY03 CSRB.  Had the applicant submitted a  timely
application, he would have been eligible to receive the FY03  CSRB.   The
FY03 CSRB program was executed in accordance with policy  established  by
HQ USAF/SGC.  The AFPC/DPAMF1 evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 August 2003, a copy of the Air Force evaluation  was  forwarded  to
the applicant 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable injustice.  After a thorough review  of  the  evidence
of record, we are persuaded that the applicant was not notified in a  timely
manner concerning his eligibility to apply for  the  CSRB.   It  is  evident
that the applicant met the qualifications for receipt of  the  CSRB  at  the
time it was announced and we find it difficult to believe he would not  have
applied for the benefit had he been aware of the opportunity to do  so.   It
appears that a communication failure occurred in this case  and  it  is  our
opinion that the applicant should not be penalized because of this  failure.
 Therefore, we recommend that his 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,  on  18  September  2002,  competent
authority accepted and approved his application  for  receipt  of  the  FY03
CSRB.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 6 November 2003, under the provisions of AFI 36-2603:

      Ms. Marilyn Thomas, Vice Chair
      Mr. Roscoe Hinton Jr., Member
      Mr. J. Dean Yount, Member


All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2003-02567 was considered:

     Exhibit A.  DD Form 149, dated 26 Jul 03 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAMF1, dated 14 Aug 03.
     Exhibit D.  Letter, SAF/MRBR, dated 22 Aug 03.




                                  MARILYN THOMAS
                                  Vice Chair


AFBCMR BC-2003-02567




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 XXXXXXXXXXXXXXXXXXXXXXXX,  be  corrected  to  show  that  on  18
September 2002, competent authority accepted and  approved  his  application
for receipt of the Fiscal Year 2003 Critical Skills Retention Bonus.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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