RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03725 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be considered eligible for the Air National Guard (ANG) 
Fiscal Year (FY11) Aviator Continuation Pay (ACP) Program. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. The delays in the final policy approval, National Defense 
Authorization Act (NDAA) approval, and final legal reviews 
resulted in him not qualifying for the ACP per the current 
year’s guidance. 

 

2. Current policy requires that he has “orders in hand” for one 
year starting on or after the release date of the ACP policy 
(23 Feb 11). His orders run from 1 Oct 10 to 30 Sep 11. 

 

3. Due to funding constraints, Air Combat Command (ACC) will 
not authorize a fund cite to cross fiscal years (FY). 
Therefore, his orders were only authorized until the end of the 
FY. 

 

4. There is a one year bonus provision within the ACP intended 
for remotely piloted aircraft (RPA) pilots. However, no 
eligible RPA pilot will be able to take advantage of this due to 
the way one year orders are allocated and the delay in the 
release of the FY11 guidance. 

 

In support of his request, the applicant provides copies of his 
Air National Guard (ANG) FY11 ACP Program Announcement and 
Implementation Policy, aeronautical order, FY11 ACP Agreement 
Statement of Understanding (SOU), and other documents in support 
of his application. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Information extracted from the Military Personnel Data System 
(MilPDS) indicates the applicant is currently serving in the 
California Air National Guard (ANG) in the grade of lieutenant 


colonel (0-5), having assumed that grade effective and with a 
date of rank of 1 Oct 05. 

 

In accordance with the FY11 ANG ACP Implementation Policy, 
members must have completed at least 10 years of service as a 
pilot following the completion of Undergraduate Pilot Training 
(UPT), Specialized Undergraduate Pilot Training (SUPT), Joint 
Specialized Undergraduate Pilot Training (JSUPT), Undergraduate 
Pilot Training-Helicopter (UPT-H), Euro-North Atlantic Treaty 
Organization Joint Jet Pilot Training (ENJJPT) or Fixed Wing 
Qualification (FWQ) for “sister service” accessions. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate offices of 
the Air Force, which are attached at Exhibits B and C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/A1PF recommends denial. A1PF states the law that determines 
eligibility for ACP is spelled out in U.S. Code Title 37, 
section 301b, paragraph d, which specifically states that ACP 
agreements are restricted so that “such agreement does not 
exceed beyond the date on which the officer making such 
agreement would complete 25 years of aviation service (YAS).” 
This is further supported by Department of Defense Instruction 
(DoDI) 7730.57, enclosure 3, paragraph 2c. 

 

Once a member reaches 25 YAS, they are no longer eligible to 
receive ACP. The applicant’s aeronautical orders states that he 
reached 25 YAS on 11 Jun 10. 

 

The complete A1PF evaluation is at Exhibit B. 

 

NGB/A1PS concurs with the NGB Subject Matter Expert’s (SMEs) 
advisory and therefore recommends denial. 

 

The complete A1PS evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 10 Feb 12 for review and comment within 30 days 
(Exhibit D). As of this date, this office has not received a 
response. 

 

_________________________________________________________________ 

 

 

 


THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Air Force offices of primary 
responsibility and adopt their rationale as the basis for our 
conclusion the applicant has not been the victim of an error or 
injustice. Therefore, in the absence of evidence to the 
contrary, we find no basis for us to recommend granting the 
relief sought in this application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-03725 in Executive Session on 19 Apr 11, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 9 Aug 11, w/atchs. 

 Exhibit B. NGB/A1PF, Letter, dated 3 Jan 12. 

 Exhibit C. NGB/A1PS, Letter, dated 17 Jan 12. 

 Exhibit D. SAF/MRBR, Letter, dated 10 Feb 12. 

 

 

 

 

 Panel Chair