RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00449

XXXX X. XXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He receive incentive pay (IP) and board certification pay (BCP) for his Title 10 deployment.  

APPLICANT’S CONTENTIONS

He is a board certified physician and was on Title 10 orders.  However, due to misinformation and lack of communication from his local finance office and National Guard Bureau (NGB) physician leadership, his requests for IP and BCP were submitted after the deadline resulting in him not receiving pay to which he was entitled.  He was under the impression he could submit an application after the orders were completed like his previous activations.  The guidance changed; however, the information was not distributed to the units, which resulted in misinformation.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a colonel (O-6) in the Air National Guard (ANG).

According to the documentation provided by the applicant and analysis of the facts the following information is provided:  

On 9 Jul 20, Order Number XXXX was published, which indicates the applicant was called to active duty and placed on Partial Mobilization orders in accordance with 10 U.S.C. § 12302, in support of Operation XXXX, for the period  3 Oct 20 to 25 Dec 20.  

On 20 Jan 21, the applicant signed the FY20 Written Agreement for Health Professionals IP for the Reserve Component, for 1-year IP and the FY20 Certification of Eligibility Health Professions BCP Reserve Component for an initial BCP request.  

American Board of Emergency Medicine letter dated 14 Jul 18, verified the applicant is certified with the American Board of Emergency Medicine for the period 1 Jan 14 through 21 Dec 23.  

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

APPLICABLE GUIDANCE/DIRECTIVE

37 U.S.C. § 302(f)(b)(1).  A Reserve health care officer on active duty (other than for training) under a call or order to active duty for a period of more than 30 days but less than one year is entitled to receive medical special pays.  

AIR FORCE EVALUATION

NGB/SGXP recommends approval.  The applicant was qualified to receive ICP/BCP for the period 3 Oct 20 through 25 Dec 20; however, he never received proper steps/deadlines on when to file his IP/BCP applications.  The ANG Medical Service agrees there was an error in their IP/BCP process when it came to properly notifying Health Professions Officers before Title 10 deployments; therefore, the applicant suffered an injustice in not being paid IP/BCP when he was entitled to it.  Should the Board agree with the proposed recommendation, the applicant would be able to submit his IP/BCP applications through myPers and his applications would be processed for payment for his deployment.  If approved, their office can assist the applicant in the process of obtaining the necessary documents along with the exact location of where to submit his completed paperwork.

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 22 Sep 21 for comment     (Exhibit D), 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.  The Board concurs with the rationale and recommendation of NGB/SGXP and finds a preponderance of the evidence substantiates the applicant’s contentions.  In this respect, the Board notes the applicant was not properly counseled regarding his entitlement to IP/BCP for his Title 10 orders and the delay in processing his IP/BCP applications was not his fault.  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 he was deployed under 10 U.S.C. § 12302, in support of Operation XXXX, for the period 3 Oct 20 through 25 Dec 20, and is eligible for Incentive Pay (IP) in the amount of $11,433.24 and Board Certification Pay (BCP) in the amount of $1,400.28.

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-2021-00449 in Executive Session on 28 Oct 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 25 Jan 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/SGXP, w/atchs, dated 9 Apr 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 22 Sep 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.