RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02316

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 is a board certified physician.  Due to misinformation and lack of communication from the National Guard Bureau (NGB), his requests for IP and BCP were submitted after the deadline (mid-tour), resulting in him not receiving the full pay to which he was entitled.  He was on Title 10 orders in support of Operation Freedom Sentinel.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a lieutenant colonel (O-5) in the Air National Guard (ANG).

Per Partial Mobilization Order Number ZBVS41 dated 3 Dec 20, the applicant was placed on active duty orders in accordance with 10 U.S.C. § 12302 from 19 Nov 20 to 27 Aug 21.  

On 27 Apr 21, the applicant signed the FY20 Written Agreement for Health Professionals IP ANG for 1-year IP and the FY20 Certification of Eligibility Health Professions BCP ANG for initial BCP request.  

The applicant provides American Board of Family Medicine letter dated 29 Apr 21 verifying the applicant is certified with the American Board of Family Medicine.  

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 $15,886.11 (IP) and $19,111.11 (BCP).  The applicant was on Title 10 deployment orders in support of Contingency Operation Freedom Sentinel from 19 Nov 20 to 27 Aug 21.  The ANG Medical Service does not have a published plan in place at this time.  Due to the lack of guidance, the applicant was not made aware of the requirement to submit for IP and BCP prior to the start of orders.  

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 4 Aug 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 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 his FY20 Written Agreement for Health Professionals Incentive Pay (IP) ANG Component and FY20 Certification of Eligibility Health Professions Board Certification Pay (BCP) ANG Component applications were approved on 19 Nov 20 for his Title 10, United States Code, Section 12302 orders for the period of 19 Nov 20 to 27 Aug 21.  He be paid $15,886.11 for IP and $19,111.11 for BCP.      

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-2021-02316 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 25 Jun 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/SGXP, dated 3 Aug 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 4 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.