RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02561

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

The following days be changed from duty without pay to duty with pay and points for pay:

1. Annual Tour (AT): 3 February 2020 through 14 February 2020.

2. Inactive Duty for Training (IDT): 17-18 September 2019; 16 October 2019;18 October 2019; 21-22 November 2019; 5 December 2019; 28-29 January 2020; 17 February 2020; 12-13 March 2020; 29-30 April 2020; 11-12 May 2020; 30-31 July 2020; and 29 September 2020.

APPLICANT’S CONTENTIONS

He is a Reservist and upon switching from active duty to an Individual Mobilization Augmentee (IMA), he elected to receive points only so he would receive Veterans Affairs (VA) disability compensation pay in lieu of Reserve pay.  He later learned that because of his election he was not eligible to receive his initial sign-on bonus of $15,000.  Having this information, he now desires to receive pay and points for his Annual Tour and IDTs for the period 2019 and 2020 so he can meet the requirement for the initial bonus of $15,000.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force Reserve technical sergeant (E-6).

A certified copy of the applicant’s AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, provided by the applicant, indicates he was scheduled for 12 days of duty to attend AT from 3 February 2020 through 14 February 2020.  

On 20 February 2020, according to the Air Force Reserve Orders Writing System Tour of Duty Certification, provided by the applicant, he uploaded verification of his initial tour of duty for the period 3-14 February 2020.  The applicant’s comments indicate, “Do not pay, I elect VA disability in lieu of IMA pay.  I am only uploading to certify my AT time.” 

According to the ANG/USAFR Point Credit Accounting and Reporting System (PCARS), dated 6 July 2021, provided by the applicant, he was credited with non-paid IDT for the following periods:  17-18 September 2019; 16 October 2019; 18 October 2019; 21-22 November 2019; 5 December 2019; 28-29 January 2020; 17 February 2020; 12-13 March 2020; 29-30 April 2020; 11-12 May 2020; 30-31 July 2020; and 29 September 2020.

For more information, see the excerpt of the applicant’s record at Exhibit B 

APPLICABLE AUTHORITY

DoD FMR Volume 7A, Chapter 56, 560104: Waiver of Benefits. A Reserve component member who is drawing a pension, disability compensation, retainer pay, or retirement pay for prior military service, and who performs duty for which he or she is entitled to pay, may elect to receive either: (1) The payments for prior military service, or (2) If member specifically waives those payments, the pay and allowances authorized for the duty the member is currently performing.  A Reservist who is entitled to VA disability compensation must waive the equivalent of one day of VA compensation for each Reserve active duty day or each inactive duty period.

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.   Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  According to the applicant’s PCARS report, he performed the contested duty in a non-paid duty status. His records were subsequently, correctly updated with the correct non-paid duty points.  ARPC/DPTS requires approved, signed, and certified Air Force Forms 938, Air Force Forms 40A, Record of Individual Inactive Duty Training, and Leave and Earning Statements to update points into the applicant’s records.  The applicant did not provide these documents to verify the requested dates were in fact worked for both points and pay.  Without adequate source documents, they are unable to change the type of duty in the applicant’s records.

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 17 August 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 not the victim of an error or injustice.  The Board finds a preponderance of the evidence does not substantiate the applicant’s contentions.   The applicant concedes he elected to receive VA disability compensation rather than Reserve pay.  As noted above, a Reservist who is entitled to VA disability compensation must waive the equivalent of one day of VA compensation for each Reserve active duty day or each inactive duty period.    The applicant elected VA compensation and now regrets his choice because he subsequently discovered he was not eligible to receive an enlistment bonus because of his decision. However, there is no evidence the applicant’s decision was an error or injustice.  Therefore, the Board recommends against correcting the applicant’s records.

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 Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2021-02561 in Executive Session on 17 February 2022:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 July 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTS, w/atch, dated 12 August 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 17 August 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.