RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00026

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be paid Additional Special Pay (ASP) in the amount of $15,000.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has not been paid the ASP he was due at the time of his  discharge,
even though he left papers with his commander’s office.

In support of his appeal, the applicant provided a copy  of  a  letter
from Defense Finance and Accounting Service (DFAS).

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a major, Reserve of  the  Air  Force  (Medical
Corps), on 28 Sep 00 and was voluntarily ordered  to  extended  active
duty on 5 Nov 00.

On 21 May 02, the applicant’s squadron commander  recommended  to  the
wing commander that the applicant be  discharged  under  AFI  36-3206,
Chapter 3,  paragraph  3.6.4,  for  serious  or  recurring  misconduct
punishable  by  military  authorities.   Specifically,  the   squadron
commander indicated the following reasons for his actions:

            a.   On or about 20 and 21 May 01, the applicant failed to
report for duty in the Anesthesia Clinic.  Additionally, on 21 May 01,
he was unable to perform his duties  as  an  anesthesiologist  due  to
being intoxicated, with a blood alcohol content of .279.  As a result,
he received a Letter of Reprimand (LOA).

            b.   On or about 12 Sep 01, he was unable to  perform  his
duties as an anesthesiologist because he was  drunk  on  duty.   As  a
result he received an Article 15, dated 9 Oct 01.

            c.   On or about 25 Apr  02,  he  used  benzodiazepine,  a
controlled drug, that he had prescribed for himself  in  violation  of
AFI 44-119, paragraph A21.1.1.4.6, which prohibits practitioners  from
using controlled drugs without the written  approval  of  the  Medical
Commander.  He received an LOA, dated 26 Apr 02, which was  placed  in
his Unfavorable Information File (UIF).

On  21  May  02,  the  Staff  Judge  Advocate   (SJA)   reviewed   the
recommendation for discharge and found the preponderance  of  evidence
supported the proposed action and the file was legally sufficient.  He
recommended the discharge authority, the wing commander, initiate  the
discharge action because the applicant  did  not  meet  the  standards
required to serve as an officer.

That same day, the wing commander notified the applicant of his intent
to initiate action against him requiring the member to show cause  for
retention on active duty.  The applicant was advised of his rights and
options in the matter, to include tendering his resignation.

On 7 Jun 02, the applicant submitted his resignation under AFI 36-3207
in lieu of further administrative discharge proceedings under AFI  36-
3206.

The  wing  commander  recommended  to  the  Commander,  21   AF,   the
applicant’s request for resignation be accepted and he  be  discharged
with a general (under honorable conditions) discharge.  On 3  Jul  02,
the 21 AF commander concurred in this action.

On 2 Oct 02, the applicant was discharged from all appointments in the
Air Force under the provisions of AFI  36-3206  (Misconduct)  and  was
furnished a general (under honorable conditions)  discharge.   He  was
credited with 1 year, 10 months, and 28 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAMF2 recommended denial noting that upon entry to active  duty,
the applicant signed a  four-year  contract  and  received  Multi-Year
Special Pay (MSP) of $8,000 and Multi-Year  Incentive  Pay  (MISP)  of
$29,000 on 5 Nov 00 and annually  on  4  Nov  01.   He  also  received
$15,000 in ASP on 5 Nov 00.  According to AFPC/DPAMF2,  ASP  contracts
require the approval of the medical group commander and normally would
be submitted on the annual  date  of  approval  or  justification  for
disapproval  by  the  commander.   It   was   then   the   applicant’s
responsibility to provide an approved  ASP  contract  to  AFPC/DPAMF1.
The Human Resources Specialist-Special Pays, has indicated  there  was
no record the applicant ever submitted an ASP contract on  the  annual
date.  If the “papers” the applicant refers to in his application  are
the ASP contract, then the medical group commander would have to agree
the member met standards and was entitled to ASP.

A complete copy of the AFPC/DPAMF2 evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 6 Feb
04 for review and response.  As of this date,  no  response  has  been
received by this office (Exhibit D).

_________________________________________________________________

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.  The applicant  asserts  that  he
left ”papers” in his commander’s office at the time of  discharge  and
to date, he has not received his ASP bonus.  However, after thoroughly
reviewing the applicant’s complete  submission  and  the  evidence  of
record, we are not persuaded the applicant has been a victim of either
an error or injustice.  In this respect, it is noted ASP contracts are
renewed on an annual basis and require approval by the  medical  group
commander; however, considering the serious and  recurring  nature  of
the applicant’s misconduct commencing in May 01, it  could  be  argued
that had the applicant submitted the ASP paperwork, the medical  group
commander undoubtedly determined he did not meet standards and was not
entitled to the annual ASP bonus in November 2001.  The applicant  has
not established to our satisfaction he was entitled to an ASP bonus in
November 2001.  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 AFBCMR Docket Number BC-
2004-00026 in Executive Session on 10 March 2004, under the provisions
of AFI 36-2603:

            Ms. Brenda L. Romine, Panel Chair
            Ms. Kathleen F. Graham, Member
            Ms. Ann-Cecile M. McDermott, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 27 Dec 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPAMF2, dated 30 Jan 04.
      Exhibit D. Letter, SAF/MRBR, dated 6 Feb 04.




                             BRENDA L. ROMINE
                             Panel Chair