RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00742
            INDEX CODE:  113.04

            COUNSEL:  NONE

            HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His Aviation Continuation Pay (ACP) agreement be nullified  due  to
errors in his records at the time he signed the agreement and  that
his Active Duty Service Commitment (ADSC) be waived.

APPLICANT CONTENDS THAT:

He was threatened with grounding and was forced to sign a  contract
with the wrong dates.  He provided the  correct  date  to  the  Air
Force Personnel Center (AFPC) but the problem was not  fixed  until
after he signed the contract.  He  signed  for  an  extra  year  of
Undergraduate  Pilot  Training  (UPT)  ADSC  before  leaving  pilot
training.  AFPC lost the paperwork for his class  and  reverted  to
the original dates without informing  anyone.   He  then  signed  a
bonus contract he did not want.  After signing, it  was  corrected.
He should have left the Air Force in July  1998,  but  now  cannot.
Several agencies have agreed that his contract  is  not  legal  but
nothing  has  been  done  to  fix  the  problem.   He  has  lost  a
considerable amount of time he needs to search for a job  with  the
National Guard.  His classmates were able to separate in 1997.   He
was not eligible for the contract for one year after he signed  it.
Since the dates were not valid, it will nullify his  contract.   He
needs the correction to both his  Report  on  Individual  Personnel
(RIP) and the bonus contract to show he is not under any commitment
at this time.  When the USAF uses grounding as  a  tool  for  pilot
retention, problems such as these will persist.

Applicant provided copies of two RIPs  concerning  establishing  or
changing an officer’s Active Duty Service Commitment  Date  (ADSCD)
prepared 23 August 1993 and 17 July 1996; a copy of his request for
ADSC waiver, dated 17 March 1998; and a copy of his ACP  agreement,
dated 10 May 1996 (Exhibit A).

STATEMENT OF FACTS:

The RIP provided by Applicant, prepared 23 August  1993,  indicates
he incurred an ADSC  of  31  Jul  1996,  for  undergraduate  flying
training; and an ADSC of 8 July 1998, for advanced flying training.

The RIP provided by Applicant, prepared 17 July 1996, indicates  he
incurred an ADSC of 31 Jul 1997, for undergraduate flying training;
an ADSC of 8 July 1998, for advanced flying training; and  an  ADSC
of 19 May 2002, for the pilot bonus he received as a result of  his
ACP agreement, which he signed on 10 May 1996.

Both RIPs indicate that the ADSCs are  to  be  served  concurrently
with any other existing ADSC.

The relevant facts pertaining to this application are contained  in
the letter prepared by the appropriate office  of  the  Air  Force.
Accordingly, there is no need to recite  the  information  in  this
Record of Proceedings.

Documentation provided by  the  Chief,  Aviation  Continuation  Pay
Program, indicates that on 21 May  1999,  Applicant  was  asked  to
provide  additional   information   to   substantiate   his   claim
(Exhibit C).  According to the Chief, Applicant did not respond.

AIR FORCE EVALUATION:

The Operational Programs Branch, AFPC/DPAOP, stated  that  although
there is no supporting documentation to change the UPT ADSC from 31
July 1996 to 31 July 1997, the change was made.  Additionally,  his
current UPT ADSC reflects a  1997  pilot  bonus  eligibility  date,
which implies that the applicant signed  his  pilot  bonus  a  year
early.   Current  AF  policy  states  that,  in  cases   where   an
inconsistency exists and the discrepancy affects  establishing  ACP
eligibility, the ACP eligibility cannot be reduced to decrease  the
amount of  the  total  compensation.   AF  policy  does  not  allow
AFPC/DPAOP to waive an ACP ADSC.  However, the  AF  can  offer  the
applicant the opportunity to enter into an ACP agreement offered to
FY97 eligible pilots.  The result will be an increase in the  total
compensation at the FY97 annual rate of  $22,000  per  year  rather
than the  FY96  annual  rate  of  $12,000  per  year  he  initially
received.  If the Board grants the application, the records  should
be corrected  to  show  an  initial  UPT  ADSC  of  31  July  1997.
AFPC/DPAOP’s complete evaluation, with attachment, is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 24 Sep 1999, for review and response within 30 days (Exhibit E).
  Upon  review  by  the  AFBCMR  staff,  it  was  determined   that
clarification of DPAOP’s evaluation was required and an  additional
advisory opinion was requested.  The applicant was advised  of  the
additional delay (Exhibit F).

ADDITIONAL AIR FORCE EVALUATION:

The Chief, Aviation  Continuation  Pay  Program,  stated  that  the
purpose of the advisory opinion, dated 14 September  1999,  was  to
offer the applicant the opportunity to enter into an ACP agreement.
 The Chief further stated that he made the offer to  the  applicant
in 1998, when a possible discrepancy was discovered.  The applicant
elected to file an application for correction of  records  to  have
his original ACP agreement nullified.  The original offer to  enter
into an ACP agreement still stands.  If he no longer  has  an  FY98
agreement,  the  applicant  can  contact  their  office   for   one
(Exhibit G).

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 18  January  2000,  for  review  and  response  within  30  days
(Exhibit H).  As of this date, no response  has  been  received  by
this office.

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 probable error or injustice.  After  a
thorough  review  of  the  evidence  of  record   and   applicant’s
submission, we are in agreement with the opinion and recommendation
of the Operational  Programs  Branch,  AFPC/DPAOP,  and  adopt  the
rationale expressed as the basis for our conclusion that, since the
applicant admitted that he was aware the information  contained  in
the ACP agreement was incorrect when he signed it, he has not  been
the victim of an injustice.  Moreover, he has  been  offered  every
opportunity by the office of primary responsibility to  enter  into
an ACP agreement offered to other FY97-eligible pilots, but he  has
not acted upon these offers.  Therefore, in view of the  above  and
in the absence of evidence to the contrary, we find  no  compelling
basis 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 probable 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 this  application  in
Executive Session on 4 May 2000, under the provisions  of  AFI  36-
2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Frederick R. Beaman, III, Member
                 Mr. Philip Sheuerman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Mar 99, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ACP Program, dated 27 Aug 99, w/atchs.
    Exhibit D.  Leter, AFPC/DPAOP, dated 14 Sep 99, w/atch.
    Exhibit E.  Letter, SAF/MIBR, dated 24 Sep 99.
    Exhibit F.  Letter, AFBCMR, dated 14 Oct 99, w/atchs.
    Exhibit G.  Letter, ACP Program, dated 12 Nov 99.
    Exhibit H.  Letter, AFBCMR, dated 18 Jan 00.




                                   CHARLENE M. BRADLEY
                                   Panel Chair