RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00851

XXXXXXXXXX	COUNSEL: NONE

		HEARING REQUESTED: YES

APPLICANT’S REQUEST

He receive Incentive Pay (IP) and Board Certified Pay (BCP).

APPLICANT’S CONTENTIONS

Due to no guidance from his unit, incorrect guidance from the military website and lack of guidance from any other source, submission of his paperwork for medical specialty pay was accomplished after a deadline.  This resulted in voiding my pay.  The finance office at his base was unaware of the process and the deadline for subm1ss1on of completed paperwork while still on orders.  He filed for and received medical specialty pay three times before, in 2012, 2014, and 2016, and all three times the paperwork was submitted after the tour of duty.  The rules changed and no one informed him.  He believes the untimely submission of his paperwork for medical specialty pay is the fault of his unit, wing finance, and FSS for not providing accurate (any) guidance.  He is seeking to be appropriately paid.  The current rate for board certification pay is $6,000/year prorated monthly and the rate for 44E3 emergency medicine AFSC is $49,000/year prorated.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air National Guard colonel (O-6) who serves as a Physician.

The applicant provided the following information:

The applicant signed a Written Agreement Health Professionals IP for Flight Surgeons in the Reserve Component on 17 April 2019.

The applicant signed an IP/BCP Application on 17 April 2019, indicating he qualifies for IP and BCP for AFSC:  48R3 and 44E3.

The applicant signed a Certification of Eligibility Health Professionals BCP for the Reserve Component (Flight Surgeons) on 17 April 2019, indicating he performed eligible duty for pay on 4 February 2019 through 27 March 2019.

The applicant’s American Board of Emergency Medicine (ABEM) dates of certification reflects 20 October 2009 through 31 December 2019.

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

AIR FORCE EVALUATION

NGB/SGXP recommends granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice for the applicant’s Title 10 deployment noted above. Therefore, the applicant is entitled to IP/BCP payment for his deployment in the following amounts:  

Incentive Pay: $7,077.78
Board Certified Pay: $866.67 
Total Payment: $7,944.45 

The ANGMS agrees there was an error in the IP/BCP process when it came to properly notifying HPOs before Title 10 deployments; therefore, this applicant suffered an injustice in not being paid IP/BCP when they were entitled to it. As a result, SG agrees the applicant would qualify to receive IP/BCP for his Title 10 deployment (4 February 2019 – 27 March 2019) since he never received proper steps/deadlines on when to file his IP/BCP applications.  Should the Board agree with the proposed recommendation, the applicant would be able to receive IP/BCP medical specialty pay once DFAS has been contacted and processes the necessary paperwork for the amounts noted above.

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 13 July 2021 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.  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 he was deployed under Title 10 USC 12301 (D) & AFI 36-2619 for the periods 4 February 2019 through 27 March 2019 and is eligible for Incentive and Board certified pay in the amount of $7,944.45.

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-2021-00851 in Executive Session on 14 September 2021:

Mr., Panel Chair, AFBCMR
Mr., Panel Member
Mr., Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 19 March 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/SGXP, dated 14 June 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 13 July 2021.

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.