RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03928
INDEX CODE: 128.06
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 JUN 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
He receives payment of the FY 2006 Medical Officer Special Pay
(MSP) Plan.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He should receive the FY06 MSP pay as an aerospace medicine
physician in the amount of $13,000. He applied for the MSP, but
perhaps the application was lost. He heard that the payment for
Medical Corps physicians was delayed, so he continued to wait.
Finally, he contacted the AFPC Medical Special Pay branch on
18 Dec 06 and was advised that he should have already received
payment; however, they showed no record of his application. He was
told there is little they can do, one month after the deadline.
In support of his appeal, applicant submitted a copy of a MSP
application; his Leave and Earnings Statement, for the periods
30 Sep 05 – 30 Nov 06, and a copy of his Residency in Aerospace
Medicine certificate, dated 30 Jun 04.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving in the grade of major with an
effective date and date of rank of 3 Sep 01. His Duty Title is
Chief, Aerospace Medicine.
FY06 Medical Special Pay agreements to be effective 1 Oct 05, must
have been received by HQ AFPC/DPAMF1 no later than 30 Nov 05.
Agreements received after 30 Nov 05 will be effective the first day
of the previous months in which HQ AFPC/DPAMF1 receives the
request.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPAMF1 reviewed this application and recommended denial.
Each member is ultimately responsible for requesting/monitoring
his/her medical special pays. Follow local guidance, if any, to
obtain endorsements and submit requests. MSP agreements are not
required to be processed through the military personnel flight
(MPF).
Applicant failed to meet the submission requirements outlined in
the FY06 MSP Plan and Instructions, for receipt of the
FY06 Incentive Special Pay. He has submitted and has been paid his
FY07 Incentive Special Pay by meeting the requirements of the FY07
MSP Plan and Instructions which was provided with his application.
However, the guidance provided in the FY07 MSP Plan and
Instructions only applies to the current FY07 special and
incentives pay approved by the National Defense Authorization Act
(NDAA), Assistant Secretary of Defense/Health Affairs, and the Air
Force Surgeon each fiscal year.
HQ AFPC/DPAMF1’s complete evaluation, with attachments, is at
Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 19 Jan 07 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
___________________________________________________________________
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 an error or an injustice. After a
thorough review of the evidence of record and applicant’s
submission, we are unpersuaded that relief should be granted.
Applicant’s contentions are duly noted; however, we found no
evidence sufficiently persuasive to override the rationale provided
by the Air Force. In addition, we believe it was the applicant’s
responsibility to verify that his MSP agreement was received by
HQ AFPC/DPAMF1 prior to the deadline. Should the applicant provide
documentation to substantiate his claim that his timely application
for MSP pay may have been lost, we would be willing to reconsider
his request. We therefore adopt the rationale expressed by the Air
Force as the basis for our decision that the applicant has failed
to sustain his burden that he suffered either an error or an
injustice. In the absence of persuasive 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-2006-03928 in Executive Session on 21 February 2007, under the
provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Reginald P. Howard, Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Dec 06, w/atchs.
Exhibit B. Letter, HQ AFPC/DPMAMF1, dated 4 Jan 07.
Exhibit C. Letter, SAF/MRBR, dated 19 Jan 07.
MICHAEL J. NOVEL
Panel Chair
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