Docket No. 11255-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USNR, XXX-XX Ref: (a) Title 10 U.S.C. §1552 (b) OPNAVINST 7220.18 (series) (c) NAVADMIN 065/18 Encl: (1) DD Form 149 w/attachments (2) OCNO memo 7220 Ser N130/20U0395 of 17 Mar 20 (3) Subject’s naval record 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to receive back pay for the increased amount of Aviation Incentive Pay (AvIP). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 12 January 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. In accordance with reference (b), the number of years of aviation service (YAS) for calculating the appropriate rate of pay is computed beginning with the effective date of the initial order to perform aviation service as an officer (warrant or commissioned). The effective date of the initial order to perform aviation service (referred to as the ASED) is the day, month and year an indiviudal first reports, on competent orders, to the aviation facility having aircraft in which member will receive flight training leading to the award of an aeronautical designation. b. Reference (c), indicates administrative milestone billets are designed as department head, commander command, and major command (or equivalent). The administrative milestone rates are based on YAS. Administrative milestone AvIP rate for Aviators over 10 YAS is a monthly rate of $1000. Selected Reserve Aviators will receive the rate increase begining with paid periods of Annual Training (AT), Inactive Duty Training (IDT), or Drills that occur on or after 1 April 2018. c. On 25 May 2007, Petitioner was commissioned in the U.S. Navy with designator of 1390. d. On 31 August 2017, Petitioner was commisioned in the U.S. Navy Reserve with designator 1315. e. Petioner was released from active duty and transferred to the Navy Reserve on 1 October 2017. f. Petitioner’s Detachment of Reporting Senior Fitness Report from 2 October 2017 through 19 May 2018, indicates he was assigned as the Assistant NATOPS Department Head. g. Petitioner’s Periodic Fitness Report from 20 May 2018 through 31 October 2018, indicates he was assigned as the Selected Reserve NATOPS Department Head. h. Petitioner’s Detachment of Reporting Senior Fitness Report from 1 November 2018 through 7 September 2019, indicates he was assigned as the Selected Reserve NATOPS Department Head. i. In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action. Petitioner met the criteria for the AvIP rate increase per reference (c). However, a review of Petitioner’s Leave and Earning Statements reflect him receiving the incentive pay at the lower rate. Although the proper administrative requirements were not completed, the Board felt that under these circumstances, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was eligible for the Administrative Milestone AvIP at the monthly rate of “$1,000” vice “$650” for all qualifiying periods of service (AT, IDT and drills) from 1 April 2018 through 20 July 2019. Note: Petitioner has received $21.67 per qualifying period of service during the aforementioned eligible timeframe. Defense Finance and Accounting Service will complete an audit of Petioner’s pay record to determine the differnce in incentive pay entitlement due. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy.