RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02941 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His initial aviator continuation pay (ACP) eligibility date be corrected to reflect 1 January 2012. ________________________________________________________________ APPLICANT CONTENDS THAT: The SAF/MR policy approval date unintentionally excluded his fiscal year (FY) 2012, 2-year ACP agreement eligibility. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Georgia Air National Guard (ANG) in the grade of Major, 0-4. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. Accordingly there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PF recommends approval. A1PF states they concluded that the applicant should be permitted to request, execute, and be paid for a Fiscal Year (FY) 2012 ACP agreement effective 1 January 2012 through 31 December 2013. a. According to Special Order A-XXXXXXX dated 11 January 2012, the applicant was ordered to duty from 01 January 2012 through 31 December 2013. This period allowed him to enter into a 2- year FY12 ACP agreement per paragraph 2.1 of the Air National Guard FY12 ACP Policy. However, the release of the FY12 ACP policy was delayed until 24 February 2012. Because of this delay, the applicant was unable to submit his application for ACP until after 24 February 2012 which is outside of the 30-day processing window allowed per paragraph 1.7.3 of the ANG FY12 ACP Policy. This delay also made the applicant ineligible because he no longer had the minimum agreement period of 2 years remaining on his order. The delay is through no fault of the applicant and prevented him from applying. The applicant meets all other eligibility requirements. b. The FY12 ANG ACP Policy requires that the member agree in advance, in writing, to remain on active duty, in aviation service for at least two years. The applicant would have made this request effective 1 January 2012 but the delay in policy made him ineligible to do so. Based upon the published policy guidance, the fact that the applicant met all eligibility requirements and that the delay in release of the FY12 ACP policy was through no fault of his, they recommend approval of the applicant's requests. The complete NGB/A1PF evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 November 2012 for review and comment within 30 days (Exhibit C). To 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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting relief. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has been the victim of an error or injustice. Therefore, we recommend the applicant’s records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he submitted a two-year Aviator Continuation Pay (ACP) contract for participation in the FY12 Air National Guard (ANG) ACP program; thereby, entitling him to $15,000 per year, and competent authority approved his application effective 1 January 2012. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 14 March 2013, under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentary evidence was considered in AFBCMR Docket Number BC-2012-02941: Exhibit A. DD Form 149, dated 27 April 2012, w/atchs. Exhibit B. Letter, NGB/A1PP, dated 4 October 2012 w/atchs. Exhibit C. Letter, SAF/MRBR, dated 9 November 2012. Vice Chair MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code it is directed that: The pertinent military records of the Department of the Air Force relating to, be corrected to show that he submitted a two-year Aviator Continuation Pay (ACP) contract for participation in the FY12 Air National Guard (ANG) ACP program, thereby entitling him to $15,000 per year, and competent authority approved his application effective 1 January 2012. Director Air Force Review Boards Agency