RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01372
INDEX NUMBER: 128.06
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The four year Multi-Year Special Pay (MSP)/Multi-Year Incentive Special Pay
(MSIP) agreements he signed on 1 October 2003, be changed to two-year
agreements, and the Active Duty Service Commitment (ADSC) associated with
the MSP/MISP agreements and date of separation (DOS) be changed to 1 July
2006.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
When he signed the four-year MSP/MISP agreements, he was led to believe he
had to sign a four-year agreement, rather than a two-year agreement to
receive the increased MISP amount of $42,000.00. However, he later was
advised that a two-year agreement was all that was required.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of colonel.
On 9 October 2003, he completed a Fiscal Year 2004 (FY04) Medical Officer
Multi-Year Special Pay (MSP) Agreement, in which he agreed to receive
$15,000.00 annually for a period of four years.
On 9 October 2003, he completed an FY04 Medical Officer Multi-Year
Incentive Special Pay (MISP) Agreement, in which he agreed to receive
$42,000.00 annually for a period of four years, and agreed to incur a four-
year ADSC.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAMF2 recommends the application be denied and states, in part, that
when the Fiscal Year (FY04) Pay Plan was implemented, the applicant
renegotiated a four-year MSP/MISP and his agreement was approved by his
commander. The agreement gave him the option of signing for 2, 3, or 4
years. The FY04 Special Pay Program agreements for 2, 3, or 4 year
MSP/MISP were posted on the website at the same time and the Air Force
based future manning decisions on his request for retainability to 30
September 2008.
The AFPC/DPAMF2 evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
Contrary to the evaluation’s assertion, he would not have incurred the same
ADSC if he signed a two-year commitment. He would only have incurred a 2-
year commitment, rather than a 4-year commitment. He signed the four-year
agreement because the paperwork was insufficient in clarity regarding the
requirements for upgrade from $36,000.00 to $42,000.00 MISP. He and
another colonel were under the impression that it took a four-year MISP.
It was not until later, they discovered a two-year agreement would have
been sufficient.
Applicant’s complete response is at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After thoroughly reviewing the evidence
of record and noting applicant’s contentions, we are not persuaded that at
the time he renegotiated his MSP/MISP agreements, he was misled that he had
to sign a four-year agreement, rather than a two-year agreement, to be
eligible to receive increased MSP. The statements from applicant’s
commander and the Director, Diagnostic Imaging Flight, are duly noted;
however, in the absence of statements from the individuals at his local
military personnel flight and AFPC that allegedly miscounseled him, we
believe he has failed to meet his burden of establishing he was
miscounseled. The MSP/MISP agreement applicant signed gave him the option
of agreeing to receive two, three, or four years of MSP/MISP payments, for
which he would incur the same active duty service obligation (ADO) as the
number of years he was agreeing to receive MSP/MISP. Based on his
renegotiated agreement, which he voluntarily entered into, he will receive
the benefit of increased annual MSP/MISP payments for four years. In view
of the above, and 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 Docket Number BC-2004-01372
in Executive Session on 21 July 2004, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Martha J. Evans, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Apr 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAMF2, dated 6 May 04.
Exhibit D. Letter, SAF/MRBR, dated 14 May 04.
Exhibit E. Letter, Applicant, dated 17 May 04.
MICHAEL K. GALLOGLY
Panel Chair
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