RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01565
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 23 NOVEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Multiyear Special Pay (MSP) contract be corrected so he may recover the
increase in the MSP bonus for the past three years.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In late April, he was renegotiating his MSP contract for Emergency Medicine
and was informed that the four-year bonus increased from $14,000 to $25,000
three years ago. He would like to recover the difference in the bonus
money for this time period. Had he known of this increase, he would have
renegotiated his contract at the time of the increase.
In support of his request, applicant provides a copy of the FY06 Pay Rate
for the Emergency Medicine MSP. The applicant’s submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Personnel Data System (MilPDS)
reflects the applicant is currently serving on active duty in the grade of
lieutenant colonel, as a Theater Validating Flight Surgeon.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAMF1 recommends denial. DPAMF1 advises their office is the only
official agency under AF/SG for receiving, processing, answering inquiries
and posting of the current fiscal year contracts and pay plans. They do no
post nor are they the responsible agency for any other posting that may
occur on other DoD websites. DPAMF1 states that although DFAS failed to
maintain a current pay chart of medical special pays, they are not the
authority or servicing agency for Medical Special Pays. In addition,
although this was an oversight by an outside agency (DFAS), the correct and
current rates were posted on the appropriate Medical Special Pays website
which was accessible to the applicant. The AFPC/DPAMF1 complete
evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was sent to the applicant on 30 June
2006 for review and comment within 30 days. 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. After a thorough review of the evidence of
record and applicant’s submission, we are not persuaded that his Multiyear
Special Pay (MSP) contract is in error. Applicant’s contention that had he
known of the MSP bonus increase, he would have renegotiated his contract at
the time of the increase is duly noted. However, we do not find his
assertions, in and by itself, sufficiently persuasive to override the
rationale provided by the Air Force. In our opinion, the evidence provided
does not show the applicant made a conscious effort to monitor the
appropriate sources to determine if MSP rates had increased. Therefore, we
agree with the recommendation of the Air Force and adopt the rationale
expressed as the basis for our decision that the applicant has failed to
sustain his burden he has suffered either an error or an injustice. In
view of the above, we find no basis to recommend granting the relief
sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 8 August 2006, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. John E. Pettit, Member
Mr. James A. Wolffe, Member
The following documentary evidence pertaining to Docket Number BC-2006-
01565 was considered:
Exhibit A. DD Form 149, dated 15 May 06, w/atchs.
Exhibit B. Letter, AFPC/DPAMF1, dated 21 Jun 06.
Exhibit C. Letter, SAF/MRBR, dated 30 Jun 06.
CHARLENE M. BRADLEY
Panel Chair
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