RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03942
INDEX CODE: 112.09
COUNSEL: None
HEARING DESIRED: No
________________________________________________________________
APPLICANT REQUESTS THAT:
His paydate be changed from 24 June 2002 to 8 Jan 2000 (date of his
commissioning).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was misled into believing that the date of his commissioning was also
his paydate. During his recruiting period, he was presented with a
document entitled “Estimated Pay Schedule” which stated that his pay would
be that of a Captain with more than two years of service. The Leave and
Earnings statements he received from Jan 2000 through June 2002 showed his
years of service accruing from zero to two as time progressed. He was
initially paid at this rate upon entrance to active duty, but after several
months was told that this was an error. His pay was reduced by $350.00,
and he was asked to repay $3,185.00. He has provided a recruiting document
that states his pay would be that of a Captain with less than two years
service.
A list of frequently asked questions provided to him by the AFPC Physician
Education Branch answered the question “How much will I be paid?” stated,
“Longevity is determined by adding all periods of service (active and
reserve). Time spent in medical school does not count in determining base
pay.” He was considered on reserve status, with a paydate listed as 8
January 2000 while in the Armed Forces Financial Assistance Program (FAP)
which further led him to believe he would be paid with more than two years
of service when he entered active duty. He began to receive pay while on
active duty, and was paid at the rate of less than two years of service.
However, his LES for March 2003 showed a base pay of $164.32 and an advance
debt of $3185.11. He was informed that “someone in Texas” had corrected a
problem and taken back this money because he was overpaid.
In support of his request, applicant provided a personal statement and
copies of documents cited in his contentions. The applicant’s complete
submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was appointed a captain, Reserve of the Air Force on 8
January 2000 and voluntarily ordered to extended active duty in that grade
effective 23 July 2002 with a date of rank of 1 July 1999. Information
maintained in the Personnel Data System indicates his Total Years Service
Date is 8 January 1996 and his Paydate is 24 June 2002. He is currently
performing duties as a Family Practice Physician.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPAMF2 recommends disapproval of applicant’s request. DPAMF2
states that the applicant was given a computer-based “Estimated Pay
Schedule.” This was only an “estimate” and based on data input by the
Physician Recruiter that indicated applicant had more than two years of
service. Applicant was in sponsorship through the Armed Forces Financial
Assistance program (FAP). DPMAF2 states that on 8 January 2000, applicant
signed FAP contract stating “I will not receive service credit for the
purpose of computing basic pay or promotion for the period of the FAP
participation,” and the recruiter witnessed it. DPPAMF2 concludes that
applicant is not entitled to pay during the specified period of his
request. The HQ AFPC/DPAMF2 evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 9 January
2004 for review and response. 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, we agree
with the opinion and recommendation of the Air Force and adopt their
rationale as the basis for the conclusion that the applicant has not been
the victim of an error or injustice. Therefore, in the absence of evidence
to the contrary, we find no compelling basis to recommend granting the
relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 11 March 2004, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Renee M. Collier, Member
Mr. Joseph D. Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPMAMF2, dated 23 Dec 03,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 9 Jan 04.
MICHAEL K. GALLOGLY
Panel Chair
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