RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02261
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His retirement date be changed to 1 Oct 10 and recoupment of his
debt of $57,000.00 be stopped.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was notified on 3 Sep 10 that he had been retired effective
31 Jul 10. He had an active duty service commitment date
(ADSCD) of Jul 12 as a result of signing a Multi-Year Incentive
Special Pay agreement.
In support of his appeal, the applicant provides a copy of his
retirement order, Special Order AC-011481, dated 3 Sep 10; his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 31 Jul 10 retirement, and
email correspondence.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant signed special pay contracts on 7 Oct 05 and
18 Jul 07, which obligated him to 29 Jun 13. His Date of
Separation (DOS) was incorrectly listed in the military
personnel data system (MILPDS) when the contracts were
processed.
Title 10, United States Code (USC) mandates that lieutenant
colonels retire at 28 years of total active commissioned
service; as a result, the applicant did not have retainability
for the ADSC he incurred through the medical special pay
contracts. Upon notification of his retired status, AFPC/DPAMF
initiated a package to recall the applicant to active duty from
retirement. While his package was being expedited the applicant
willingly volunteered his services (without pay) to help
mitigate the shortage of surgeons imposed by his retirement.
Although, the recall package was approved his Critical Skills
Retention Bonus was never authorized.
The applicant was considered and nonselected for promotion to
colonel nine-times and he was not selected for continuation.
The applicant was relieved from active duty, effective
31 Jul 10, based on maximum service and retired 1 Aug 10 in the
grade of lieutenant colonel. He was credited with 28 years and
27 days of service for retirement.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPAMF2 recommends changing the applicant's retirement date
to 1 Oct 10 to reflect his active service and volunteer service
through this period and ensure that he is eligible for the
normal liability coverage afforded to active duty surgeons. In
addition, they recommend that the Defense Finance and Accounting
Service (DFAS) cease action to recoup unearned portions of the
applicant's medical special pay.
The complete AFPC/DPAMF2 evaluation, with attachment, is at
Exhibit C.
AFPC/DPSOR recommends for the time the applicant continued to
treat patients after his 31 Jul 10 mandatory separation date
(MSD), that he be retired effective 1 Oct 10 to cover any
existing or future medical liability for having continued to
treat patients past his 31 Jul 10 MSD. They have no
recommendation concerning the applicants medical specialty pay
recoupment except to recognize that the AF offered the applicant
a SPTC to accept the special pays and erroneously changed the
DOS from the valid 31 Jul 10 MSD to 29 Jun 13 to match the
medical specialty pay ADSCs.
Public Law 108-375, 28 Oct 04, Section 501, Transition of
active-duty list officer force to a force of all Regular
officers, specified all officers on the active duty list (ADL)
be Regular officers by 1 May 05 (AFI 36-2006, Oath of Office
(Military Personnel) and Certificate of Commission,
incorporating Change 1, dated 12 Oct 2006). Until this law went
into effect, the applicant was a Reserve officer and agreed to
serve under special period of time contracts (SPTCs) in exchange
for medical special pays. After the transition to the all-
Regular force, the AF erroneously continued to offer SPTCs to
Regular medical officers and changed their DOS to match the ADSC
that accompanied the SPTC. The AF changed the applicant's MSD
from 31 Ju1 10, required by 10 USC Section 633, to 29 Jun 13, a
year after his 28 Jun 12 multi-year specialty pay ADSC. The
applicant also had a 30 Sep 11 incentive special pay and a
30 Jun 11 additional special pay ADSC.
The AFPC/DPOSR evaluation is at Exhibit D.
DFAF-IN recommends the applicants separation date and code be
changed to authorize non recoupment of bonus monies paid.
They note the applicant separated from the Air Force on
31 Jul 10 due to retirement. The member served as a general
surgeon until 3 Sep 10, to include work with surgical patients.
His Master Military Pay Account (MMPA) was posted with a
discharge date of July on 26 Oct 10. This retirement was back
dated due to an error in MILPDS. Although DPAMF recommends not
recouping the unearned portion of the member's medical special
pay this debt has been posted to Defense Debt Management System
(DDMS).
The complete DFAS-IN evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the evaluations were forwarded to the applicant on
16 Sep 11 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit F).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action. The Air Force offices of primary
responsibility and the Defense Finance and Accounting Service
have adequately addressed the issues presented by the applicant
and we are in agreement with their opinions and recommendation.
As such, we find that the applicant erroneously performed duty
beyond his official MSD due to no fault of his own. We note the
Air Force erroneously extended the applicants ADSC as a result
of an unauthorized specified period of time contract, leading
the applicant to believe he was authorized to perform the
assigned duties and that he would receive medical special pays.
We believe the applicants retroactive retirement and the debt
he has incurred constitutes an injustice and agrees with the Air
Force OPRs and DFAS that relief is warranted. Therefore, in the
interest of equity and justice, we recommend the applicants
records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that:
a. On 31 July 2010, he was continued by competent authority
pursuant to Title 10, United States Code, Section 637(b),
thereby establishing a new Mandatory Separation Date of
30 September 2010.
b. He was not discharged from the Air Force on 31 July 2010
and retired for length of service on 1 August 2010, but was
continued on active duty, and eligible for all rights,
privileges, and liability coverage afforded to all Air Force
surgeons, until 30 September 2010, at which time he was
discharged and retired on 1 October 2010.
c. His Narrative Reason for Separation was changed to
Mandatory Retirement: Maximum Service or Time in Grade, with
the corresponding Separation Program Designator (SPD) of SBC
rather than Voluntary Retirement: Maximum Service or Time in
Grade, with the corresponding Separation Program Designator of
RBC.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02261 in Executive Session on 8 March 2012, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated. 11 Jun 10, w/atchs
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAMF2, dated 22 Jul 11, w/atch.
Exhibit D. Letter, AFPC/DPSOR, dated 1 Aug 11.
Exhibit E. Letter, DFAS-IN, undated.
Exhibit F. Letter, SAF/MRBR, dated 16 Sep 11.
Panel Chair
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