RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03385

XXXXXXXXXXXXX	COUNSEL: XXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He receive incentive Pay (IP) and board certified pay (BCP) for his Title 10 Oversees Contingency Deployment.

APPLICANT’S CONTENTIONS

He was an activated Air National Guardsman on Title 10 Orders.  Due to misinformation and lack of communication from his unit, local finance office, and the National Guard Bureau (NGB) physician leadership, his requests for IP and BCP was submitted after the deadline resulting in him not receiving the pay to which he was entitled.  He has already received his IP/BCP for the Feb - Mar XX portion of his deployment, and is requesting IP/BCP for the complete term of his orders.

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.

The applicant provided the following:

Per Order Number XXXXXX dated 7 Aug XX, the applicant was placed on active duty – partial mobilization, in accordance with 10 USC 12302, in support of Operation Freedom Sentinel, for the period of 12 Dec XX to 30 Mar XX.

On XX XXX XX, the American Osteopathic Board of Emergency Medicine, certified that the applicant is certified in Emergency Medicine (Certificate number XXXXX).

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. The member was on Title 10 orders from 12  Dec XX – 31 Mar XX and received IP/BCP for Feb and Mar XX. The applicant states that he was not aware that he needed to submit for IP/BCP prior to his deployment. In 2020, there was little guidance on how to submit for IP/BCP and it is likely that the applicant was not aware of the requirement to submit for IP/BCP prior to the start of orders. Since that time, the Air National Guard Medical Services (ANGMS) continues to work to educate members on how to submit for IP/BCP through various methods.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice.  The applicant is entitled to IP/BCP in the following amounts: IP: $578.47 and BCP: $70.83.

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 20 Dec 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 the IP/BCP application was due to no fault of his own. Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show his Written Agreement for Health Professionals Incentive Pay (IP) ANG Component and Certification of Eligibility Health Professions Board Certification Pay (BCP) ANG Component applications were approved for his Title 10 Overseas Contingency Deployment from 12 Dec XX to 31 Mar XX.  He will be paid $578.47 for IP and $70.83 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-2021-03385 in Executive Session on 8 Feb 22:

, 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 19 Oct 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/SGXP, dated 12 Dec 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 20 Dec 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.