RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01636

XXXXXXXXXXXXXX	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 deployed to Kandahar AB, Afghanistan on Title 10 orders in support of Operation INHERENT RESOLVE from Dec 18 to Jan 19. Due to lack of guidance from his unit and misinformation from ARPC, his request for IP and BCP pay was not submitted until his return from deployment and he did not receive the special pay.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a major (0-4) in the Air National Guard (ANG).

DD Form 214, Certificate of Release or Discharge from Active Duty, reflects the applicant served on active duty from 4 Dec 18 to 22 Jan 19 in support of Operation INHERENT RESOLVE, with deployment to Kandahar AB, Afghanistan, in accordance with10 U.S.C. § 12301.

The applicant provides American Board of Family Medicine letter dated 28 Sep 19 verifying the applicant is certified with the American Board of Family Medicine.

On 7 Dec 19, the applicant signed the Incentive Pay/BCP Application requesting IP and BCP.

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 payment in the amounts of $5,972.22 (IP) and $833.33 (BCP). The applicant was on Title 10 orders from 4 Dec
18 to 22 Jan 19 but was never instructed on the proper steps/deadlines in order to file for IP/BCP.
There was an error in the IP/BCP process when it came to properly notifying health professions officers (HPO) before Title 10 deployments; therefore, the applicant suffered an injustice in not being paid IP and BCP for his Title 10 deployment.

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 16 Jun 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 receive IP for his Title 10 orders and the delay in processing his IP application was due to no fault of his own.  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 the APPLICANT be corrected to show he was deployed under Title 10 USC 12301 (D) & AFI 36-2619 for the period 4 Dec 18 to 22 Jan 19 and is eligible for Incentive and Board certified pay in the amount of $6,805.55.    

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-2021-01636 in Executive Session on 28 Sep 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 7 Mar 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 16 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.