RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00080
INDEX NUMBER: 128.10
XXXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_______________________________________________________________
APPLICANT REQUESTS THAT:
The debt of $21, 527.78 he incurred for recoupment of Aviator
Continuation Pay (ACP) be voided, deleted from his records, and all
amounts previously paid toward this debt be refunded to him.
_______________________________________________________________
APPLICANT CONTENDS THAT:
He is fulfilling his ACP contract based on his involuntary recall to
active duty in support of Operation Noble Eagle.
In support of his appeal, applicant has attached a copy of the orders
recalling him to active duty and a copy of the notification letter and
worksheet for recoupment of his ACP.
The applicant’s complete submission, with attachments, is at Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The applicant is a member of the Texas Air National Guard presently
serving an active duty tour from 26 Oct 01 through 30 Sep 02 in the
grade of lieutenant colonel in support of Operation Noble Eagle. The
remaining relevant facts pertaining to this application are contained
in the evaluation prepared by the appropriate office of the Air Force
found at Exhibit C.
_______________________________________________________________
AIR FORCE EVALUATION:
ANG/DPFP recommends denial of the applicant’s request.
The applicant originally signed an ACP contract to remain on active
duty for five years in aviation service. This commitment would have
ended on 15 Nov 04. On 5 Jan 01, the applicant terminated his ACP
contract and left Active Guard Reserve (AGR) status only one year after
signing his contract. As a result he generated a debt of $21,527.78.
The applicant’s debt was identified, calculated, and collected
according to the guidelines established in the Air National Guard
Fiscal Year 2000 Aviator Continuation Pay (ACP) Implementation
Guidelines, dated 13 Dec 99.
ACP entitlements were not designed for members not assigned to a full-
time AGR Unit Manning Document (UMD) position. It does not allow
pilots to break up their full-time service and does not have provisions
for paying Traditional Guardsmen who are placed on extended active duty
(EAD). The applicant is no longer assigned to a full-time AGR UMD
position, had a nine month break in service, and is currently a
Traditional Guardsman serving on EAD in support of Operation Noble
Eagle.
The complete evaluation, with attachments, is at Exhibit C.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 19
Apr 02 for review and comment within 30 days. To date, a response has
not been received.
_______________________________________________________________
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 error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, we
agree with the opinion and recommendation of the Air Force office of
primary responsibility and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. Therefore, 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 Docket Number 02-00080 in
Executive Session on 19 June 2002, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. Michael J. Novel, Member
Mr. Thomas J, Topolski, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Dec 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ANG/DPFP, dated 3 Apr 02.
Exhibit D. Letter, SAF/MIBR, dated 19 Apr 02.
ROSCOE HINTON, JR.
Panel Chair
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