RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04158 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show his eligibility for the Fiscal 
Year 2012 (FY12) Air National Guard (ANG) Aviation Continuation 
Pay (ACP) program. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was ineligible for the FY12 ACP due to the guidance coming 
out late. Current orders cover 1 October 2011 – 30 September 
2013, and he is not authorized to backdate the Statement of 
Understanding (contract) to 1 October 2011 per ACP guidance. 
The guidance did not come out until 24 February 2012 and he had 
been on orders continuously for the past four years; however, he 
has been unable to receive his ACP bonus due to funding and 
guidance not matching up, even though he has been committed to 
serving. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to Special Order A-Q000215 dated 13 September 2011, 
the applicant was ordered to duty from 1 October 2011 through 
30 September 2013. 

 

On 24 February 2012, the FY12 ACP policy was released. 

 

The additional relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit B. 

 

________________________________________________________________ 

 

 


AIR FORCE EVALUATION: 

 

NGB/A1PS recommends approval, stating, in part, 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 but the delay 
in policy made him ineligible. Based upon the published policy 
guidance, the fact that he met all eligibility requirements and 
that the delay in release of the FY12 ACP policy was through no 
fault of the member, we recommend approval of the above member's 
request. 

 

The applicant was ordered to duty from 01 October 2011 through 
30 September 2013. This period would allow him to enter into an 
FY12 ACP agreement per paragraph 2.1 of the Air National Guard 
(ANG) FY12 ACP Policy. However, the release of the FY12 ACP 
policy was delayed until 24 February 2012. Because of these 
delays, he was unable to submit his application for ACP until 
after 24 Feb 2012 which is outside of the allowed 30 day 
processing window per paragraph 1.7.3., of the ANG FY12 ACP 
Policy and made him ineligible to apply. The delay was through 
no fault of the applicant and left him without the minimum of 
2 years on orders required to apply. He meets all other 
eligibility requirements. 

 

The complete A1PS evaluation, with attachment, is at Exhibit B. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 1 October 2012 for review and comment within 
30 days. To date, a response has not been received (Exhibit C). 

 

________________________________________________________________ 

 

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 an error or injustice. The 
applicant contends that the delayed release of the ANG FY 2012 
ACP policy unfairly precluded him from being able to execute a 
two-year ACP agreement even though he was otherwise qualified. 
After a thorough review of the evidence of record and the 
applicant’s complete submission, we believe it is in the 


interest of justice to recommend granting the requested relief. 
While we note that an applicant must prove by sufficient 
evidence that he or she is the victim of a serious injustice not 
shared by other, similarly situated officers, it is our opinion 
that because the applicant signed the new ACP agreement as soon 
as the renewal became available, we find it reasonable to 
conclude that he anticipated receiving the incentives outlined 
in the agreement. Therefore, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has been the victim of an error or injustice. 
Accordingly, we recommend his records be corrected as indicated 
below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that 
competent authority approved his request for an Aviator 
Continuation Pay (ACP) contract for the period 1 October 2011 
through 30 September 2013 at a rate of $15,000 annually, under 
the Air National Guard Fiscal Year 2012 ACP program. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-04158 in Executive Session on 2 July 13, under 
the provisions of AFI 36-2603: 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 8 March 2012, w/atchs. 

 Exhibit B. Letter, NGB/A1PF, dated 28 August 2012. 

 Exhibit C. Letter, SAF/MRBR, dated 1 October 2012. 

 

 

 

 

 Panel Chair