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AF | BCMR | CY2014 | BC 2014 02380
Original file (BC 2014 02380.txt) Auto-classification: Denied
       RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2014-02380
	 	
				COUNSEL:  NONE

				HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

He receive retro-active Additional Special Pay (ASP) for 2012 and 
2013. 


APPLICANT CONTENDS THAT:

While stationed in Germany, he missed signing ASP contracts for 
two years (2012 and 2013). This was an honest error due to the 
complex military pay system and his lack of understanding.  It 
also resulted in significant financial loss of $30,000 in special 
pay.  

He realigned bonuses after completion of a fellowship and 
mistakenly thought the ASP was included in the alignment.  Once 
the special pay branch informed him of the oversight, he was told 
they could not resolve any back pay issues and to contact the 
Board.  He hopes this can be remedied as he has a continued 
commitment through 2021. 

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


STATEMENT OF FACTS:

The applicant is active duty serving in the grade of lieutenant 
colonel.  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force at Exhibit C.  


AIR FORCE EVALUATION:

AFPC/DPANF recommends denial.  The applicant previously submitted 
single year ASP contracts in 2000, 2004, 2009, 2010 and 2011.

The ASP contract has always been its own separate contract and 
never combined with any other pay type contract and for only 
one-year in length.  Each ASP contract states "I will incur a 
one-year active duty service obligation (ADO)".  The 2011 
Multiyear Special Pay and Multiyear Incentive Special Pay 
(MSP/MISP) contract the applicant submitted indicates only MSP 
and MISP to include rates annotated by the member for the only 
two pay types on the contract (MSP and MISP).  ASP is not 
indicated on the MSP/MISP contract, nor was the rate for ASP 
annotated on the MSP/MISP contract that the member states he 
mistakenly assumed was included.

While he would have been entitled to ASP in 2012 and 2013, no 
contracts were submitted to start the pay.  He contends that he 
did not understand the pay system; however, he properly submitted 
ASP contracts for previous years.  Additionally, the FY11 MC Pay 
Plan, section J.1 states that ASP is for a twelve month period.  
The 2011 MSP/MSIP contract does not include any language to 
include ASP.

According to the Comptroller General, retroactive administrative 
pay is generally prohibited barring an administrative error.  In 
addition, when interpreting statutes, there is a presumption 
against retroactivity.  Statutes should not generally be read to 
have retroactive effect unless specific language requires.  
Furthermore, the statute at issue 37 USC 302 contains no 
retroactive language.

In this case, there was no administrative error on the part of 
the Air Force.  Approving pay for contracts that were not 
submitted would set a precedent that members do not have to 
follow the proper submission criteria.

A complete copy of the DPANF evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He understands the Board's position and contends that this 
was not an administrative error as it pertains to processing a 
form on the Air Force's part; however, it is still reasonable to 
view this as an administrative error.  

Prior to reconciling his bonuses, he spent approximately two 
hours on the phone with a specialist at the AFMS special pay 
branch getting counseled and advised on the various options.  
Clearly, he did not truly understand that when he realigned his 
contracts and took a multi-year bonus that he needed to submit 
new requests for the ASP.  While this is clear at this time, he 
did not understand that this was the requirement otherwise he 
would have completed the forms as required.

He has a long commitment to the Air Force and it simply makes no 
sense why he would not fill out a form to qualify for a bonus 
whose commitment serves concurrently with his service 
commitment.  The only logical reason is that he honestly did not 
believe this was the requirement. 

He appreciates the Boards consideration on this matter.  He is 
happy to submit forms and serve any required commitments 
associated with his military bonuses.  He does not feel that 
supporting a retroactive payment of this bonus is detrimental to 
the Air Force in any fashion.  He also does not believe 
receiving retroactive pay for this mistake provides him any 
"unfair advantage."

The applicant’s complete response is at Exhibit E.


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 thoroughly 
reviewing the evidence of record and the applicant’s complete 
submission, to include his response to the Air Force advisory, we 
are not persuaded that a change in the record is warranted.  While 
the applicant contends he was unaware of the requirement to 
complete ASP contracts each year, we do not find his assertions 
and the documentation presented in support of his appeal 
sufficiently persuasive to override the rationale provided by Air 
Force office of primary responsibility.  Therefore, we agree with 
their opinion and recommendation and adopt their rationale as the 
basis for our conclusion that the applicant has not been the 
victim of an error or injustice.  In the absence of 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 the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2014-02380 in Executive Session on 12 March 2015, under the 
provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 9 Jun 14, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Record Excerpts.
	Exhibit C.  Letter, AFPC/DPANF, dated 29 Aug 14.
	Exhibit D.  Letter, SAF/MRBR, dated 12 Nov 14.
	Exhibit E.  Letter, Applicant’s Response, dated 10 Dec 14,
                    w/atch.
						




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