RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01126 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His narrative reason for separation of Adjustment Disorder 
be changed to voluntary separation. 

 

2. His separation program designation code (SPD) of GFY be 
changed to allow his entitlement to Transition Assistance 
Program. 

 

3. He be provided the pro rata amount of $28,000 of the denied 
Incentive Special Pay (ISP) for medical officers and additional 
special pay (ASP) for medical officers congruent with his length 
of service which totals $51,000. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He requested a hardship discharge based on the harm that his 
five-year old autistic son would experience due to decreased 
medical services provided by TRICARE and the Department of 
Defense (DoD) and his wife’s diagnosis of depression coupled 
with her history of multiple suicide attempts. 

 

He was offered and intended to accept a staff position at the 
Veteran’s Affairs North Texas Health Care System in Dallas, 
Texas; however, his request for discharge was denied despite 
having worked with his replacement for approximately 18 months 
prior to submitting the request. 

 

The Commander, Air Reserve Personnel Center (ARPC/CC) violated 
AFI 36-3209, Separation and Retirement Procedures for Air 
National Guard & Air Force Members, in the consideration and 
reporting of his denial request for separation. Despite 
multiple requests and the submission of an Inspector General 
(IG) complaint, ARPC/CC and ARPC have not met and fulfilled the 
requirements in the AFI. 

 

As ordered, he reported to his new duty station. However, due 
to the lack of adequate TRICARE certified providers, he was 
forced to pay between $3,000 to $4,000 per month for his son’s 
therapeutic care. This added expense coupled with the 
requirement to maintain two households was not sustainable on 
his military salary. 

 


He requested a weekly pass on Fridays throughout July, August, 
and early October, to care for his son while his wife attended 
mental health appointments; however, the requests were denied. 
He began receiving passes on 6 November 2009, after he stopped 
requesting passes and immediately after the tragic Fort Hood 
shootings. 

 

The combination of his son’s and wife’s deteriorating 
conditions, financial hardships, and geographic isolation took a 
heavy toll on his physical and mental health; whereby he 
contemplated suicide. Upon self-reporting to mental health in 
late July and subsequent mental health services beginning on 
12 August 2009, he was diagnosed with Adjustment Disorder with 
Mixed Anxiety and Depressed Mood. It was recommended that he be 
relieved of his clinical privileges and separated from the Air 
Force. 

 

He was eligible to receive the special pays as of 1 July 2009 
since he had completed a fellowship prior to entering active 
duty. However, due to the suspension of his credentials and 
recommendation to be administratively separated, his commander 
would not endorse the necessary request forms. 

 

In support of his request, the applicant provides copies of 
personal statements, statements from his wife, the Executive 
Director of the Brent Woodall Foundation for Exceptional 
Children, medical assessments and records for his son and wife, 
extracts from his personnel and medical records, character 
letters, an AF IMT Form 102, Inspector General Fraud, Waste & 
Abuse Complaint Registration, and congressional correspondence. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered the Regular Air Force on 1 July 2008. 

 

The applicant has an active duty service commitment until 
30 June 2013 based on his participation in the Health 
Professions Scholarship Program (HPSP). 

 

On 18 November 2009, the applicant was notified of pending 
discharge action. Specifically, the commander cited the 
applicant’s diagnosis of Adjustment Disorder with Anxiety and 
Depressed Mood as the basis for discharge. The applicant 
consulted counsel and waived his right to submit statements in 
his own behalf. 

 

On 6 January 2010, the Secretary of the Air Force Personnel 
Council directed the applicant’s discharge and recoupment of his 
pro rata share of funds expended on his HPSP tuition. 


 

The applicant was discharged on 16 January 2010 with an 
honorable discharge with a narrative reason for separation of 
Adjustment Disorder and separation code of GFY. He is credited 
with 6 months and 16 days of active service and 10 years, 
2 months, and 25 days of prior inactive service. 

 

Other relevant facts are contained in the HQ AFPC/DPAMF2 
evaluations at Exhibits C and G and the HQ AFPC/DPSOS 
evaluation, which is at Exhibit D. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPAMF recommends partial relief by approval of a $15,000 
pro rata ASP payment for the period 1 July 2009 to 18 January 
2010, due to the failure of the authorized indorsing official to 
notify the applicant, in writing, of any recommendation to 
withhold or terminate ASP. 

 

Disapproval is recommended for the pro rata ISP payment due to 
the applicant not being eligible to receive Single-Year ISP 
because of his credentials being suspended on 28 September 2009. 
The earliest the applicant would have been eligible for ISP, if 
not for suspension of credentials, was 1 October 2009. 

 

HQ AFPC/DPMAF2 states DPAMF did not receive an ASP or ISP 
agreement nor did they receive the required withhold package 
endorsed by the applicant and the authorized endorsing official. 

Further, the Fiscal Year (FY) 2009 Air Force Medical Officer 
Special Pay Plan states, “Medical Corps officers who are on 
active duty under a call or order to active duty for a period of 
no less than one year and are not undergoing medical internship 
or initial residency training, and who execute a written 
agreement to remain on active duty no less than one year, who 
have a current, valid, unrestricted license or approved waiver, 
are entitled to ASP for any 12-month period at the annual amount 
of $15,000, subject to applicable State and Federal taxes. 
Physicians who have just completed internship training, but who 
are not presently in initial residency training are also 
eligible with evidence of having successfully completed all 
three parts of the National License Exam and submission of an 
application for licensure pending review and approval by a state 
licensing board. 

 

The complete HQ AFPC/DPAMF2 evaluation, with attachments, is at 
Exhibit C. 

 

HQ AFPC/DPSOS recommends denial for changing the applicant’s 
separation code. DPSOS states the applicant’s separation code 
was consistent with the procedural and substantive requirements 
of the discharge instruction and was within the discretion of 
the discharge authority. 


 

The complete HQ AFPC/DPSOS evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He states his qualifying training was completed on 30 June 2008, 
with the successful completion of his Diagnostic Radiology 
Residency. He was granted his Certificate in Diagnostic 
Radiology from The American Board of Radiology on 2 June 2008. 
Therefore, his effective date for ISP was 1 October 2008 and the 
ISP requested would not be paid during the same fiscal year in 
which his qualifying residency program was completed, as 
required. 

 

The additional training he opted for from 1 July 2008 to 30 June 
2009 was a fellowship in Women’s Health Imaging and is not 
required or factored into the requirements for a “qualifying 
residency.” 

 

He states and believes it was a clerical error when the 
HQ AFPC/DPSOS advisory opinion stated he entered into the Health 
Professionals Scholarship Program (HPSP) on 7 April 2009. 

 

Incorrect statements were taken from a Letter of Counseling 
presented to him shortly after 20 August 2009. 

 

The accusation that he refused to perform his duties is 
completely incorrect. The medical credentialing department at 
the base failed to attain the proper credentials for him to read 
mammograms until the week in question. 

 

He admits to reporting to duty unshaven. The accusation that he 
complained about civilian employees is partially correct. He 
admits he complained about a single civilian employee. He 
states he repeatedly reported his concerns to the 
noncommissioned officers and individuals in his chain of command 
about the unqualified civilian. The civilian was eventually 
reassigned. 

 

He states he always made it clear that he had no intention to 
harm himself or others. 

 

The applicant's complete response, with attachments, is at 
Exhibit F. 

 

_________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

HQ AFPC/DPAMF1 recommends approval of ASP and ISP payments and 
state the applicant is eligible to receive ASP effective 
1 July 2009 and pro rata Single-Year-ISP from 1 July 2009 to 


18 Jan 2010. Initially, the applicant’s records did not reflect 
completion of Diagnostic Radiology Residency, which was 
completed on 30 June 2008. He did not enter active duty until 
1 July 2009 and cannot receive ISP prior to that date. The 
authorized indorsing authority for the member must notify 
member, in writing, of any recommendation to withhold or 
terminate ISP and ASP. 

 

The complete AFPC/DPAMF1 evaluation is at Exhibit G. 

 

_________________________________________________________________ 

 

APPLICANT’S REVIEW OF ADDITIONAL ADVISORY: 

 

A copy of the additional Air Force evaluation was forwarded to 
the applicant on 4 August 2010 for review and comment within 
30 days (Exhibit H). As of this date, this office has not 
received a 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 with regard to 
the applicant’s narrative reason for separation and separation 
code. 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 HQ AFPC/DPSOS and adopt their 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting this portion of the applicant’s request. 

 

4. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice regarding 
Incentive Special Pay (ISP) and Additional Special Pay (ASP). We 
note the indorsing authority failed to notify the applicant in 
writing of any recommendation to withhold or terminate his 
entitlement to ISP and ASP. Therefore, we concur with the Air 
Force office of primary responsibility and adopt it’s rationale 
that the applicant is entitled to receive the a pro rata share of 
ASP and a pro rata share of Single-Year ISP from 1 July 2009 to 
18 January 2010. In view of the above, we recommend his records 
be corrected to the extent indicated below. 

 

5. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 


will materially add to our understanding of the issues involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that for the period 
1 July 2009 to 18 January 2010, he was entitled to a pro rata 
share of Additional Special Pay and a pro rata share of Single-
Year Incentive Special Pay. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number BC-
2010-01126 in Executive Session on 14 September 2010, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 24 Jan 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPAMF2, dated 31 Mar 10, w/atchs. 

 Exhibit D. Letter, HQ AFPC/DPSOS, dated 21 Apr 10. 

 Exhibit E. Letter, SAF/MRBR, dated 25 Jun 10. 

 Exhibit F. Letter, Applicant, dated 28 Jun 10, w/atchs. 

 Exhibit G. Letter, HQ AFPC/DPMAF1, dated 2 Aug 10. 

 Exhibit H. Letter, SAF/MRBR, dated 4 Aug 10. 

 

 

 

 

 

 Panel Chair