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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