RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03218

XXXX x XXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be authorized payment for the Fiscal Year 2019 (FY19) Aviation Bonus (AvB) agreement from 1 May 2019 to 30 April 2020 at an annual rate of $15,000.

APPLICANT’S CONTENTIONS

On 1 May 2019, he signed and submitted the FY19 AvB agreement to the AvB coordinator.  Due to an oversight, the AvB coordinator did not sign and process the AvB for signature and forward to NGB/A1PF.  When he inquired about the payment due 1 May 2020, it was discovered the AvB agreement was not submitted and processed.  He fulfilled his obligation as outlined in the AvB agreement and would have received payment had the agreement been submitted in a timely manner.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard lieutenant colonel (O-5).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

NGB/A1P recommends denying the application.  The applicant provided a copy of the FY19 AvB agreement that he signed on 1 May 2019, that started 1 May 2019 and ended 30 April 2020. The agreement has no other signatures.  There is no further supporting documents to show whether an error or injustice exists in this matter.  Furthermore, the applicant’s eligibility for AvB at the time of his application cannot be verified.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 6 May 2021 for comment (Exhibit D), and the applicant replied on 12 May 2021.  In his response, the applicant contended the AvB coordinator never signed or forwarded the AvB agreement to the NGB.  The AvB coordinator later contacted the NGB for direction and was told to submit a request to the BCMR.  The applicant submitted documentation from his commander that contends the applicant submitted the AvB agreement in accordance with the FY19 AvB Policy, but the agreement was not forwarded by this AvB coordinator, due to no fault of the applicant and states the applicant has completed his obligation, as required.  

The applicant’s complete response is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION

NGB/A1P recommends granting the application. There is evidence of an error or injustice.  Supporting documentation shows the applicant was eligible at the start date of the agreement.  A procedural oversight prevented the applicant’s AvB agreement from being registered.  The applicant was eligible for Tier 3 at the requested start date of 1 May 2019.  

The applicant’s complete response is at Exhibit F.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION

The Board sent a copy of the Air Force evaluation to the applicant on 11 June 2021 for comment (Exhibit G), but has received no response. 

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.  We note the conflicting advisory opinions prepared in this case; however, after thoroughly reviewing this application, the Board concurs with the rationale and recommendation of  NGB/A1P dated 10 June 2021 to authorize a FY19 AvB agreement from 1 May 2019 to 30 April 2020 at an annual rate of $15,000.  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 that competent authority approved his Aviation Bonus (AvB) agreement at the Tier 3 level with an annual rate of $15,000 for the period of 1 May 2019 to 30 April 2020.

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-2020-03218 in Executive Session on 14 Jul 21:

, 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 28 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1P, dated 27 Apr 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 6 May 21.
Exhibit E:  Applicant’s response, dated 12 May 21.
Exhibit F:	Additional advisory opinion, NGB/A1P, dated 10 Jun 21.
Exhibit G:	Notification of additional advisory, SAF/MRBC to applicant, dated 11 Jun 21.

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.