RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00215

XXXXXXXXXXXXX	COUNSEL: NONE
	
		HEARING REQUESTED: YES

APPLICANT’S REQUEST

He receive his Fiscal Year (FY) 2018, Tier 3 Aviation Bonus (AvB) in the amount of $15,000.   

APPLICANT’S CONTENTIONS

In order to receive the AvB, he was required to complete one year of full-time orders without a break-in-service.  He initiated the bonus with a 13 Apr 18 effective date and at that time was on back-to-back orders that had started on 4 Feb 18 and would cover the one-year obligation; however, due to a clerical error he was going to have a four-day break between two of the orders from 20-23 May 18.  To cover the gap he could have amended his orders, but opted to fill the gap utilizing his rescheduled unit training assemblies (RUTAs).  He confirmed with his Retention Manager that this would still meet the intent and he was assured that it did.  After his Retention Manager submitted a CMS case to process his bonus, they learned that the RUTAs were not authorized as full time orders.  Had he been advised that his RUTA would not qualify, he could have initiated an amendment to his back-to-back orders, or established his bonus with a start date of 24 May 18.

He offers the following four options for the Board to consider correcting the record:  

1. The bonus be paid from the anniversary date of 13 Apr 18, given that he performed RC-26 duty during the RUTA's which met the intent of "no break in service."

2. Amend Mission Essential Skills Training (MEST) order to reflect as back-to-back with the training order, replacing the RUTA's that were performed and resubmit the application with those orders. This would correct the inadvertent four-day break for the long orders that were originally intended to be back-to-back.

3. Pro-rate the bonus amount to exclude the four days of RUTA ($14,835).

4. Pro-rate to exclude the four days/eight RUTA periods, as well as the 40 active duty days preceding them ($13,181).

In support of his appeal, the applicant provides copies of his orders, copies of the CMS cases, and  letters from his Retention Manager and group commander, who both support the request and indicate that it was not the applicant’s fault and that his service met the intent of the program.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard major (O-4).

According to the documents provided by the applicant:

On 19 Jan 18, the applicant was issued order #XXXXXX to attend Formal Training School from 4 Feb 18 to 19 May 18.  

According to ANG Forms 105S, Individual Inactive Duty Authorization/Certification, the applicant completed rescheduled Inactive Duty Training (IDT) days from 18 May 18 to 23 May 18.
According to FY 2018 Aviation Bonus (AvB) Agreement (Statement of Understanding), the applicant requested a Tier 3 bonus for 1 to 3 years and has effective dates from 13 Apr 18 to 12 Apr 19.    

On 3 May 14, the applicant was issued order #XXXXXX for the purpose of MEST with dates 20 May 18 through 30 Sep 18 and on 26 Jul 18 the order was modified to reflect a start and stop date from 24 May 18 through 4 Jul 18. 

On 24 Oct 18, Case Management System (CMS) #XXXXXXXX indicates that his signed AvB was fully endorsed and approved.  

On 14 May 19, Case Management System (CMS) #XXXXXXXX, indicates that the applicant’s aviation bonus was denied because of the gap in active duty orders from 19 May 18 to 24 May 18.

For more information, see the applicant’s complete submission at Exhibit A and the advisory at Exhibit B.

APPLICABLE AUTHORITY/GUIDANCE

Air National Guard (ANG) Fiscal Year (FY) 2018 Aviation Bonus (AvB) Implementation Policy

4.3.3. Tier 3 – Drill Status Guardsmen (DSG) Pilots (11X, 12U, 18A), CSOs (12M) and Air Battle Managers (13B): $15,000 for 1 to 3 years.

4.3.3.1. Must be on full-time orders in support of Formal Training Unit (FTU), Counterdrug (CD), Remotely Piloted Aircraft (RPA), RC-26, Aerospace Control Alert (ACA) missions or those filling a National Guard Bureau (NGB) staff position for at least 1 year without a break in service

AIR FORCE EVALUATION

NGB/A1P, recommends denying the application.   The applicant initiated a one year agreement on 13 Apr 18 through 12 Apr 19 at the $15,000 annual rate.  At the time of initiation he was on orders for school from 4 Feb 18 to 19 May 18 with an expected graduation date of 18 May 18.  According to the FY18 AvB policy, members must be on full time orders in support of Formal Training Unit (FTU) for at least one year without a break-in-service.  From 20 May to 23 May 18, the applicant had a break in full time orders, ultimately cancelling his agreement and leading to the denial of payment he requested in 2019.  

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 2 Aug 21 for comment (Exhibit C), and the applicant replied on 31 Aug 21.  In his response, the applicant contended that the late release of the FY 18 AvB Implementation Policy in June of 2018, after the eligibility date of 13 Apr 18, necessitated back-dating for all members who were eligible that year. This was approved by NGB/Al, and is verifiable through 1) written testimony from his AvB Coordinator, 2) the date of the 1st indorsement on his AvB Agreement, 3) the initial CMS case date of submission, the purpose of which was to verify eligibility at time of signing, and 4) the inclusion in that initial CMS case of orders that began on 24 May.  As such, it was that order that he was serving at the time of signing, and not the order starting 4 Feb 18, as stated by the OPR.  The relevance of this is that he was denied payment in arrears on 14 May 19 based on the same information provided to him in the initial CMS case, which was previously approved on 24 Oct 18.

Furthermore, the statement that FTU orders are required for a full year omits five other mission types included in paragraph 2.1.7 of the AvB Policy. 37 USC 334(b )(3) is cited to justify denial of his request; however, neither this clause or the AvB Policy prohibit pro-ration due to errors made by the program's administrators, nor do they define or even address RUTA orders.  It was this lack of clarity in the AvB Policy that prompted him to seek the guidance of his AvB Coordinator, who's opinion it was that he should back-date the agreement to 13 April, and that if NGB/A1 deemed RUTA orders ineligible, NGB would deny the agreement and he could either adjust the date to begin 24 May, or could pursue correction of my MEST order to be back-to-back as originally intended.

In addition, if the Board does not approve his recommended solution he offers an alternative solution to change the dates of his FY 18, 19, 20 & 21 AvB Agreements, based on a start date of 24 May 18 and anniversary date of 23 May 19/20/21/22.   

The applicant’s complete response is at Exhibit D.

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.  While the Board notes the recommendation of NGB/A1P against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  In this regard, the applicant has provided evidence that his AvB coordinator advised him that his Inactive Duty for Training (IDT) orders from 20 May 18 to 23 May 18 would qualify as part of his back-to-back orders to fulfill his one-year service obligation.  Had he known at the time he signed the agreement, which had to be backdated due to a delay in announcing the FY18 AvB policy, that the inactive duty orders would cause a break-in-service, then he would have amended his Formal Training or MEST orders or would have been placed on Annual Training orders to cover the gap in service.  Given that the break was only four days, the applicant otherwise met all the other eligibility requirements and has the support of his AvB coordinator and his group commander, the Board finds sufficient evidence to provide relief.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that his Fiscal Year 2018 Aviation Bonus (AvB) Agreement was approved at the annual rate of $15,000 and included the term performing RC-26 duties under rescheduled unit training assemblies.   He be paid the annual rate of $15,000 for the period of 13 April 2018 through 12 April 2019.

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-2021-00215 in Executive Session on 14 Sep 21:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 Aug 20.
Exhibit B:	Advisory opinion, NGB/A1P, dated 19 Jul 21.
Exhibit C:	Notification of advisory, SAF/MRBC to applicant, dated 2 Aug 21.
Exhibit D: Applicant’s Response, dated 31 Aug 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.