RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02234
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  She receive retroactive award of the Fiscal Year (FY) 1999  Dental
Officer Multiyear Retention Bonus (DOMRB) covering the  period  of  13
October 1998 to 26 June 2000.

2.  Her records be corrected to show she was awarded  the  Meritorious
Service Medal (MSM) for the period 3 July 1995 to 1 September 2000 and
not the Air Force Commendation Medal with first oak leaf cluster (AFCM
w/1OLC).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was wrongfully denied the DOMRB, and makes 30  contentions,  which
are identified on pages 1 through 26, which  was  offered  in  October
1998 as a new special pay for eligible dental officers.

She was wrongfully denied the MSM that was written in July 2000 by her
supervisor, and makes 3 contentions, which are identified on pages  27
through 30.

In support of her request, the applicant submits a personal statement,
a character reference letter, and numerous documents relative  to  her
contentions.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving on  extended  active  duty  in  the
grade of lieutenant colonel.  She served at Lackland AFB, Texas from 3
July 1995 to 1 September 2000.  Her duty titles,  progressively,  were
General Dental Officer, Chief of Clinical Dentistry Element, and Chief
of the Dental Support Element.  She signed a request  for  payment  of
the DOMRB on 14 Dec 1998. The request was  endorsed/signed  on  30 Aug
2000, but was received by the  Medical  Special  Pays  Section  on  18
September 2000.  The request was returned without action, because that
office  indicated  they  did  not  have  the  authority   to   execute
retroactive retention bonus  contracts.   HQ  AFPC/JA  wrote  a  legal
opinion, dated 8 November 2000, stating that due  to  the  applicant’s
limited credentials at that time, she was not a fully qualified dental
officer as required in paragraph (a) on the first page  of  her  DOMRB
agreement and the  issues  she  raised  did  not  warrant  further  IG
investigation.

On 15 October 2001, she filed an Inspector General  complaint.   After
conducting an analysis, the Inspector General determined the applicant
did not warrant a FY99 DOMRB,  based  on  her  diminished  ability  to
practice dentistry.  She was subsequently awarded  a  DOMRB  for  FY00
when she attained full clinical privileges.

The applicant was originally recommended for award of the MSM, but  it
was downgraded to the AFCM w/1OLC) based on  the  fact  that  she  was
denied special pay for a short period of time.  She departed  Lackland
for a new assignment at Ramstein  AB,  Germany,  but  has  since  been
reassigned to Osan AB, Korea.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMF1 recommends denial of the request for a  retroactive  award
of a FY99 DOMRB.  DPAM does not have the  authority  to  terminate  or
withhold medical/dental special pays or  to  authorize  a  retroactive
award of special pays.  The Air Force Surgeon General, as delegated by
the Secretary of the Air Force, is the approval authority.

The DPAMF1 evaluation is at Exhibit B.

AFPC/DPPPR neither recommends approval  nor  disapproval  of  the  MSM
contention,  because  they  are  not  an  approving  authority.    The
applicant cited AFI 36-2803, The  Air  Force  Awards  and  Decorations
Program, which states the level of decorations recommended depends  on
the  level  or  responsibility  and  manner  of  performance   of   an
individual.  There  is  no  mention  of  the  level  of  a  decoration
depending or receipt of specialty or bonus pay.  Since the applicant’s
supervisor at Ramstein AB called her previous supervisor  at  Lackland
AFB to inquire about the level of the decoration, and he was told they
did not consider her for an MSM because the multiyear retention  bonus
was not paid,




administrative channels are considered to have been exhausted, and  it
is appropriate for the case to be considered by the BCMR.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In respect to the applicant’s request for award of the FY99 DOMRB, she
states that she was never given  nor  has  she  ever  been  given  any
notification, written or verbal, that the  Surgeon  General  had  ever
made any decision or recommendation about withholding the special pay.
 She has never been given documentation from anyone that  the  special
pay would be withheld and due process for withholding the special  pay
was clearly never followed.  The 27 October 1997, Biennial Review  for
Regular Clinical Privileges from the 76th Credentials Committee, Kelly
AFB, to  the  76th  MDG/SG  was  the  current  credentials  privileges
determination in effect at the  time  she  submitted  the  FY99  DOMRB
agreement.  In addition, the AF FORM 244, Credentials Privilege List -
Dental, 27 October 1997, was the current credentials privilege list at
the time she submitted the FY99 DOMRB  agreement.   According  to  the
memorandum, Biennial Review for Regular Clinical  Privileges,  for  76
Medical Group/SG from the Credentials  Committee,  the  Chief  of  the
Medical Staff wrote that based upon  review  of  the  application  for
clinical privileges and the credentials privilege list -  Dental,  the
committee determined that she was duly  qualified  and  acceptable  to
continue to practice in her profession for the United States Air Force
and recommended  she  be  granted  continuation  of  Regular  clinical
privileges for all items listed on AF Form 244.

The applicant goes on  to  say,  that  in  over  25  years  practicing
dentistry in the Air Force, her clinical privileges  have  never  been
suspended.   She  believes  that  AETAC/IGQ  committed  an  abuse   of
discretion  in  stating  that  AFPC  is  the  official  authority  for
approving medical special pays and DOMRB agreements.

With regards to her request for the MSM (1/OLC), the applicant  states
that her supervisor wrote and submitted an awards package on  her  for
award of the MSM (1/OLC) based upon the level  of  her  responsibility
and the manner of  her  work  performance  during  that  period.   Her
supervisor had firsthand knowledge of her level of responsibility  and
her work performance.  After she learned the MSM was downgraded  to  a
Commendation Medal her commander  called  her  previous  commander  to
inquire why she had not received an MSM.  He was  told  the  downgrade
was based on the fact  that  special  pay  had  been  denied  to  her.
Nowhere in AFI 36-2803, The Air Force Awards and Decorations  Program,
is the mention that withholding special pay  is  reason  that  impacts
submitting a  recommendation  for  a  decoration.   Recommendation  to
recognize meritorious service, outstanding  achievement,  or  acts  of
heroism, clearly place  individuals  above  his  or  her  peers.   The
recommendation  for  the  award  is  to  be  based  on  the  level  of
responsibility and manner  of  performance  and  she  was  given  many
responsibilities that benefited the dental squadron.  In her  opinion,
there was bias against her from the squadron commander because of  the
on-going special pay issue, which caused the downgrading  of  the  MSM
(1/OLC).  Evidence of this bias is stated in the USAFE command  Dental
Surgeon’s letter, in which he referenced a conversation about the  MSM
downgrading between the Lackland squadron commander and  himself.   It
is totally unjust that the MSM (1/OLC) was downgraded.

Her complete submission is at Exhibit E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

AF/SGCD states  that  appropriate  procedures  were  not  followed  in
denying the applicant the Dental Officer  multi-Year  Retention  Bonus
for the time in question.   They  state  that  during  this  time  the
applicant was not a “fully  qualified  dentist”  as  required  by  the
contract; however, the term is not defined in the contract.   Pursuant
to AFI 41-109, Special Pay for Health Professionals  (1994),  she  met
the definition of “fully qualified dentist” for the time in  question.
She maintained a current, valid, unrestricted  state  dental  license.
Previous opinions have failed to  delineate  the  distinction  between
credentials and privileges.  As the applicant received partial payment
of the bonus, they recommend DPAMFI determine any additional amount to
which the applicant may be entitled.

The SGCD evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

The applicants states that the facts  of  her  application  have  been
reviewed, determinations were made that  proper  procedures  were  not
followed and that  she  met  the  definition  of  a  “fully  qualified
dentist,” and  recommendations  were  made  to  determine  if  she  is
entitled to additional pay.  She wholeheartedly agrees with  the  SGCD
opinion and request the AFBCMR approve her request for  award  of  the
DOMRB.

Her complete submission is at Exhibit H.

_________________________________________________________________


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 an error or  injustice.   Based  on  the  Office  of  the
Surgeon General’s determination that appropriate procedures  were  not
followed in  denial  of  the  applicant’s  Dental  Officer  Multi-Year
Retention Bonus and their  recommendation  that  she  receive  partial
payment of the bonus, we believe her records should  be  corrected  to
show that she  was  entitled  to  the  DOMRB.  In  addition,  evidence
provided by her former squadron commander indicates that the  decision
to downgrade the contested decoration was  based  primarily  upon  the
determination that she was not fully qualified and not entitled to the
additional pay.  Accordingly, we believe that the contested decoration
should be upgraded to a MSM.  Therefore, we recommend that her records
be corrected to the extent 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:

    a. On 9 January 2001, she  was  awarded  the  Meritorious  Service
Medal, 2nd Oak Leaf Cluster, for the period 3 July 1995 to 1 September
2000, rather than the Air Force Good Commendation Medal, 1st Oak  Leaf
Cluster, for the period 3 July 1995 to 1 September 2000.


      b. She was authorized, by competent authroity, the  Fiscal  Year
1999 Dental Officer Multiyear Retention Bonus, covering the period  13
October 1998 to 26 June 2000.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
02234 in Executive Session on 15 July 2004, under  the  provisions  of
AFI 36-2603:


                 Mr. David W. Mulgrew, Panel Chair

                 Mr. James E. Short, Member
                 Mr. Gary G. Sauner, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 29 Jun 03, w/atchs.
      Exhibit B. Letter, AFPC/DPAMF1, dated 20 Aug 03.
      Exhibit C. Letter, AFPC/DPPPR, dated 29 Dec 03, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 29 Jan 04.
      Exhibit E. Letter, Applicant, dated 29 Jan 04.
      Exhibit F. Letter, AF/SGCD, dated 14 May 04.
      Exhibit G. Letter, AFBCMR, dated 4 Jun 04.
      Exhibit H. Letter, Applicant, dated 18 Jun 04.



      DAVID W. MULGREW
      Panel Chair





AFBCMR 2003-02234




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 APPLICANT, be corrected to show that:

         a. On 9 January 2001, she was awarded the Meritorious Service
Medal, 2nd Oak Leaf Cluster, for the period 3 July 1995 to 1 September
2000, rather than the Air Force Good Commendation Medal, 1st Oak Leaf
Cluster, for the period 3 July 1995 to 1 September 2000.


         b. She was authorized, by competent authority, the Fiscal Year
1999 Dental Officer Multiyear Retention Bonus, covering the period 13
October 1998 to 26 June 2000.






  JOE G. LINEBERGER

  Director

Air Force Review Boards Agency