RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01173

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 deployments to XXXX (9 Mar 19 – 7 Jun 19) and XXXX (1 Jul 19 – 28 Aug 19).  

APPLICANT’S CONTENTIONS

He is an activated Air National Guardsman who was on Title 10 orders in support of XXXX (9 Mar 19 – 7 Jun 19) and XXXX theater support (1 Jul 19 – 28 Aug 19).  Due to misinformation and lack of communication from his local finance office and Force Support Squadron, 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 as in his previous activations.  However, the guidance changed and the information was not distributed to the units, which resulted in misinformation.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

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

Per Order Number XXXX, dated 4 May 19, the applicant was placed on active duty orders in accordance with Title 10 United States Code, Section 12301 (d) (10 U.S.C. § 12301 (d)) from 11 Jul 19 – 28 Aug 19.  

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

APPLICABLE GUIDANCE/DIRECTIVE

Per 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 is entitled to IP and BCP pay for both of his deployments in the amounts of $13,191.03 (IP) and $1,840.61 (BCP).  The Air National Guard 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.  As a result, the applicant would qualify to receive IP/BCP for his Title 10 deployments for the periods 9 Mar 19 – 7 Jun 19 and 11 Jul 19 – 28 Aug 19).  However, he never received proper steps/deadlines on when to file his IP/BCP applications.  

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 29 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 were 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:  

	a. He was deployed under 10 U.S.C. § 12301 (d) and AFI 36-2619, Military Personnel Appropriation Manday Program, for the periods 9 Mar 19 through 7 Jun 19 and 11 Jul 19 through 28 Aug 19. 

	b. He is eligible for Incentive Pay in the amount of $13,191.03 and Board Certification Pay in the amount of $1,840.61.

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-2021-01173 in Executive Session on 10 Nov 21:

, Chair, AFBCMR
, 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 11 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB SGXP, dated 14 Jun 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 29 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.