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 applicants 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 applicants 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 applicants 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. Applicants 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, Applicants Response, dated 10 Dec 14,
w/atch.
AF | BCMR | CY2014 | BC 2014 00353
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00353 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: She receive Physician Additional Special Pay (ASP) from 2010 to 2013. APPLICANT CONTENDS THAT: She thought when she filed for her specialty pay bonuses in 2010 that the ASP was part of the Multi-year Incentive Special Pay (MISP) and Multi-year Special Pay (MSP) contracts she submitted, but it was not. The...
He further states being board eligible entitled him to specialty and incentive pays. In his presentation, the applicant claimed he believed he was entitled to receive Special Pay as a flight surgeon and any apparent deceit was merely a result of the confusion that exists Air Force-wide on the subject of Special Pay. Pursuant to an inquiry from the AFBCMR Staff, DFAS-FYCC informally advised that, in addition to the MSP/MISP bonuses, the applicant received the following special...
AF | BCMR | CY2010 | BC-2010-03789-2
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2010-03789 COUNSEL: None HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to Variable Special Pay (VSP), Board Certification Pay (BCP), Additional Specialty Pay (ASP), Multiyear Special Pay (MSP), and Multiyear/Single Year Incentive Special Pay (MISP), as a result of his service as a physician...
ARMY | BCMR | CY2013 | 20130019832
The applicant requests correction of her record to show she executed a 4-year Multi-Year Special Pay (MSP)/Multi-Year Incentive Special Pay (MISP) contract effective 1 July 2012 through 30 June 2016 at the rate of $35,000.00 per year for MSP and $31,000.00 per year for MISP. The officer would continue ISP eligibility at the applicable rate for each active year of the MSP contract. In light of the available evidence, it would be appropriate to correct her record to show she entered into a...
AF | BCMR | CY2014 | BC 2014 01347
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01347 COUNSEL: HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be paid the Dental Officer Multi-Year Retention Bonus (DOMRB) based on his four-year Active Duty Service Commitment (ADSC) effective 23 December 2012. In support of his request, the applicant provides a personal statement, copies of his AFRS IMT 1430, Statement of Understanding - Applicant for Extended Active Duty -...
AF | BCMR | CY2014 | BC 2014 01648
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01648 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: He receive his entitlement to Additional Special Pay (ASP) and Incentive Special Pay (ISP), which was not disbursed. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibit C and D. AIR...
By accepting the ASP payment, the member incurs an active duty service commitment (ADSC) to remain on active duty for one year from the date payment is received. DPAMFl stated that if the applicant would have signed his initial ASP agreement, instead of the declination statement, this would have been evidence of his intent to remain on active duty for the given period of time regardless of the outcome of his hospitalization. JA also noted that, during his active duty time in 1992,...
ARMY | BCMR | CY2012 | 20120002748
The applicant provides: * Email from the Chief, Army Medical Department (AMEDD) Special Pay Branch verifying his eligibility for MSP and MISP * Fiscal Year 2010 Army Medical Corps Special Pay Policy, Plans and Rates CONSIDERATION OF EVIDENCE: 1. For Army Medical Corps officers (physicians), these special pays include MASP, which is paid to all Medical Corps officers upon completion of internship (not during initial residency) at the current rate of $15,000.00 (less taxes) for a 1-year...
AF | BCMR | CY2014 | BC 2014 02575
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02575 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: She receive retroactive payment of Legacy Incentive Specialty Pay (ISP) for the period 2012 and 2013. After reviewing the applicants records and documentation submitted, they determined that the applicant submitted a single year ISP request 30 Oct 12 and her supervisor declined to certify her ISP contract. ...
ARMY | BCMR | CY2013 | 20130010868
The applicant states his Army finance records and personal bank statements show that he did not receive the MASP military physician bonus during the years 2007 and 2008. There is no record of annual MASP contracts at $15,000.00 per year effective 1 July 2007 and 1 July 2008 being requested during the same period these multi-year contracts were being signed. He served for 30 years as a medical officer and during this time he would have signed numerous MASP bonuses.