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AF | BCMR | CY2004 | BC-2003-03942
Original file (BC-2003-03942.doc) Auto-classification: Denied

                            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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