RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03473

XXXXXXXXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He receive incentive Pay (IP) and board certified pay (BCP) for this Title 10 Overseas Contingency Deployment (25 Feb 20 – 7 Apr 20).

APPLICANT’S CONTENTIONS

He was an activated Air National Guardsman that was on Title 10 Orders. Due to misinformation and lack of communication from their unit, local finance office, and the National Guard Bureau (NGB) physician leadership, his request for IP and BCP was submitted after the deadline resulting in him not receiving the pay to which he was entitled.   He made contact with NGB who advised to submit an application to the Board.

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 30 Mar 20, the applicant was placed on active duty – partial mobilization, in accordance with 10 USC 12302, in support of Operation Noble Eagle/Combat Air Patrol.

On 17 Oct 21, an American Board of Family Medicine letter, verified that 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.

AIR FORCE EVALUATION

NGB/SGXP, recommends granting the application. The applicant was on Title 10 orders from 25 Feb 20 – 7 Apr 20.  Due to a lack of guidance, the applicant was not aware of the requirement to submit for IP/BCP prior to the start of orders. Since that time, the ANGMS continues to work to educate members on how to submit for IP/BCP.  Based upon 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: $5,136.11 and BCP:  $59.73.

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 14 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 and 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 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 25 Feb 20 to 7 Apr 20.  He be paid $5,136.11for IP and $59.73 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-2021-03473 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 16 Oct 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/SGXP, dated 1 Dec 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 14 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.