RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01120
INDEX CODE: 128.06
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he is entitled to Pharmacy Officer
Specialty Pay (POSP) for the years 2008 and 2009.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His retirement was effective 1 Aug 09. He contacted the Medical Special
Pays office inquiring as to whether there was any action he could pursue
that would enable him to receive the POSP. As his retirement date was two
months shy of the required two-year service commitment, he was told there
were no options available to him. He has since learned that he could have
renegotiated his POSP dates and received POSP payments adjusted
accordingly. While the Fiscal Year 2007 (FY 07) POSP plan only detailed
renegotiating agreements to receive higher rates, the Medical Special Pays
branch stated he could have renegotiated his POSP contract before 4 July
2007.
In support of his appeal, the applicant provides copies of relevant emails
between him and the Medical Special Pays branch, excerpts from DoD
Financial Management Regulation (DoDFMR), the FY07 POSP plan, his FY07
POSP agreement, and a copy of his pharmacologic license.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant participated in the FY 06 POSP from 1 Oct 05 through 30 Sep
07. He was informed during Feb 09 that he would have been eligible to
renegotiate an FY 07 POSP agreement at an annual rate of $8000 upon
reaching 18 years of creditable service – which he reached on 4 Jul 07.
However, per the SAF/MR FY07 Air Force Pharmacy Officer Accession Bonus
and Special Pay Plan, in order for FY07 agreements to be processed for
payment, the agreements must have been signed by the member on or prior to
30 Sep 07; signed by the endorsing authority; and, received by AFPC/DPAM
no later than 30 Oct 07. Additional eligibility requirements include that
the member be on an active duty tour for a period of not less than one
year, and he executes a written agreement to remain on active duty for a
minimum of two years from the date of contract, or had sufficient
retainability to complete the active duty obligation incurred by the
special pay agreement.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAMF1 recommends denial. DPAMF1 disputes the applicant’s argument
he was told he was not eligible for POSP because he had less than two
years remaining in the service. DPAMF1 also disputes his claim he
believed the FY07 policy allowed contract renegotiation for those who
could receive a higher POSP rate only. DPAMF1 states the published
guidance for FY07 participation clearly stated POSP agreements could be
renegotiated to establish a different rate, not a higher rate.
Consequently, the applicant was eligible and had ample time and
opportunity to renegotiate an FY07 POSP agreement upon reaching
eligibility for the annual $8000 rate on 4 Jul 07, yet he did not do so.
DPAMF1 notes that ultimately, members are responsible for
requesting/monitoring their medical special pays.
DPAMF1’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1 Jun
09 for review and comment within 30 days. As of this date, no response
has been received by this office.
_________________________________________________________________
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 office of primary
responsibility and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice. Absent
evidence showing the applicant was a victim of miscounseling or some other
error attributable to the Air Force with regard to his POSP, 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-2009-
01120 in Executive Session on 20 October 2009, under the provisions of AFI
36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Mar 09, w/atchs.
Exhibit B. Letter, AFPC/DPAMF1, dated 7 May 09.
Exhibit C. Letter, SAF/MRBR, dated 1 Jun 09.
Panel Chair
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