RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-01133

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Military Personnel Appropriation (MPA) orders be generated for the period 22 September 2018 through 30 September 2018, based on Verbal Orders of the Commander (VOCO), and she receive pay, points, and associated benefits for the duty she performed.

APPLICANT’S CONTENTIONS

On 21 September 2018, she received VOCO authorizing duty from 22 September 2018 through 30 September 2018, to support a Medical Group.  This was a short notice tasking that took place at the end of the fiscal year.  The original tasker (ID 2119750) disappeared from the M4S computer system; therefore, it could not be obligated and attempts to re-create the tasker failed.  In support of her request she provides a copy of the VOCO orders, a time-line memorandum from her Medical Administrative Specialist, email communiqué, and other documents related to her tour of duty.

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

STATEMENT OF FACTS

The applicant is an Air Force Reserve technical sergeant (E-6).

On 21 September 2018, according to the VOCO provided by the applicant, circumstances beyond her control prevented written orders in advance and she was directed to a tour of duty for the period 22 September 2018 through 30 September 2018.

On 29 January 2019, according to an email provided by the applicant, the unit that funded her tour informed her they could not obligate the task for the duty she performed for the period 22 September 2018 through 30 September 2018.  They said the only method to resolve the issue was through the Air Force Board for Correction of Military Records.

APPLICABLE AUTHORITY

AFI 36-2619, Active Duty Operational Support (ADOS) – Active Component Man-Day Program, 

	Paragraph 1.2.2.3.  The ADOS-AC Man-Day Management Office (MMO):

		1.2.2.3.10.  Ensures ADOS-AC man-day requests are not allocated after the Airman has performed duty, unless a valid Verbal Order of the Commander (VOCO) was authorized in accordance with para 1.2.2.4.10  

	Paragraph 1.2.2.4.  The ADOS-AC Man-Day Account Functional Manager/Validating Authority:

		1.2.2.4.10.  Ensures verbal orders by the Commander (VOCO) are issued only by exception and are not used to circumvent core administrative processes.  Airmen requiring 1,095 end strength or accounting per diem waivers are not authorized VOCO.  

	Paragraph 1.3.10.  ADOS-AC man-days are not transferred from one FY to the next; however, tours may be approved to cross Fiscal Years (FYs) (multi-year tours) provided a Continuing Resolution Authority statement is included in the allocation and on the Airman’s order.  The Continuing Resolution Authority statement indicates the Air Force is operating on a limited MPA budget until regular appropriations acts are enacted by Congress.  Commands must consider that all tours crossing the FY, results in an automatic obligation of future MPA allocation.  Adjustments to tours based on Continuing Resolution Authority approval may be required as part of effective ADOS-AC man-day program management.

AFI 65-103, Temporary Duty/Special Orders,

	Paragraph 3.1.14.  Verbal Orders.  Do not issue verbal orders unless absolutely necessary.  Verbal orders are authorized only when time prevents written orders from being published in advance of travel.  Verbal orders must be confirmed (in writing) as soon as practical for the order writers to produce an order.  Include in the written order the date and by whom the verbal order was issued and a statement why written orders were not issued earlier.  For example, "The verbal orders of the commander on (date) are confirmed; circumstances prevented written orders in advance."  On form orders, this can be included in the remarks block.  When an order is published by an organization that authenticates orders for several units (host/tenant situations), include the unit issuing the verbal order.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board finds a preponderance of the evidence substantiates the applicant’s contentions that circumstances beyond her control prevented written orders in advance and she was directed to a tour of duty.  We note, a review of the applicant’s case file indicates funding for her tour of duty was not allocated in the appropriate fiscal year and thereby warrants retroactive payment, points, and associated benefits for the requested period.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show she was placed on Military Personnel Appropriation (MPA) orders, under Title 10 United States Code (U.S.C.), Section12301(d), for the period 22 September 2018 through 30 September 2018, and she received all pay, points, and associated benefits during this period.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-01133 in Executive Session on 10 January 2020:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 February 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.