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AF | BCMR | CY2002 | BC-2002-01731
Original file (BC-2002-01731.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01731
            INDEX CODE:  128.04

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive the Aviator Continuation Pay (ACP) Bonus  for  Fiscal  Year
(FY) 2000.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not notified of his eligibility for  the  bonus  in  accordance
with Air Force policy directives and instructions.  After  discovering
the eligibility criteria had changed, he inquired with the  Air  Force
point of contact (POC) who determined that he was, in  fact,  eligible
under the new criteria.  When he asked for back pay for the first year
he was eligible (but did not know he was because he was  not  notified
of his new eligibility), his request was denied because the Air  Force
would gain no retention benefit for the year he  had  already  served,
and because uncited “rules” did not allow it.

In  support  of  his  appeal,  the  applicant  provided  documentation
pertaining to the ACP, including a statement provided  in  his  behalf
from the Commander, Air Force Reserve Officer Training Corps  (AFROTC)
Southwest Region, and his Inspector General complaint concerning  this
matter.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
colonel, having been promoted to that grade on 1 Jan  95.   His  Total
Active Federal Military Service Date (TAFMSD) is 6 Jun 73.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAOY recommended denial.  They noted that during FY00,  the  Air
Force implemented an expanded ACP program.  Notification  of  eligible
pilots was accomplished through official message  traffic  and  normal
publicity channels including  the  Air  Force  Times.   Commanders/ACP
supervisors were  explicitly  charged  with  reviewing  the  personnel
records for  eligible  members  under  their  command/supervision  and
notifying them of  their  eligibility.   These  responsibilities  were
clearly delineated in the FY00 ACP Implementation Message.

According to AFPC/DPAOY, the applicant failed to sign an ACP agreement
during FY00 even though he was eligible, as did many pilots.  The FY00
ACP Program was highly  publicized  and  implementation  messages  and
instructions were disseminated from both the Air  Staff  and  the  Air
Force Personnel Center.  The question of what constituted notification
has been addressed at the highest levels of  Air  Force  leadership  &
General Counsel.  It has been upheld  that  their  current  procedures
using official message traffic  to  commanders  and  Air  Force  media
outlets has been deemed sufficient and  constitutes  “due  diligence.”
To compliment these procedures, the Air Force  Personnel  Center  also
developed a website that describes the ACP program  in  great  detail,
including eligibility  dates,  rules,  and  agreement  effective  date
guidelines.   The  applicant  also  stated  he  was  not  notified  in
accordance  with  AFPD  36-30,  Military  Entitlements.    With   this
statement, he mistakenly characterizes the ACP bonus as an entitlement
when  it  is  clearly  listed  as  a  Special/Incentive  Pay,  not  an
entitlement.  His argument to apply the same standards of notification
that cover entitlements is false.

AFPC/DPAOY  indicated  that  following  a  thorough  review   of   the
applicant’s request, the findings and recommendations of the office of
the Air Force Inspector General, Air Force Rated Force Policy, and the
Inspector General of the Department of Defense, they find  no  further
information to support this request.

A complete copy of the AFPC/DPAOY evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In  his  detailed  response,  the   applicant   indicated   that   the
notification process  for  the  expanded  ACP  program  lacked  robust
visibility for those  who  were  eligible  and  rigorous  command  and
control in the implementation of the program.  He believes that He  is
not requesting a backdated agreement, but simply  asks  that  the  Air
Force provide retroactive payment  of  the  bonus  for  which  he  was
eligible and entitled.  He strongly recommends that the Board  correct
the injustice by directing the Air Force to comply with the  governing
Air Force directive and provide him his FY00 ACP bonus.

Applicant’s complete response, with attachments, is at Exhibit D.

_________________________________________________________________

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.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not find  the  applicant’s  assertions  or  the
documentation  submitted  in  support  of  his   appeal   sufficiently
persuasive to override the rationale provided by the Air Force  office
of  primary  responsibility  (OPR).  Therefore,  in  the  absence   of
sufficient evidence the Air Force did not exercise  due  diligence  in
regard to their notification procedures, or  that  the  applicant  was
treated differently than others similarly situated, we agree with  the
recommendation of the OPR and adopt their rationale as the  basis  for
our decision that the applicant has failed to sustain  his  burden  of
establishing that he has suffered either an  error  or  an  injustice.
Accordingly, 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 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 02-
01731 in Executive Session on 17 Sep 02, under the provisions  of  AFI
36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. Billy C. Baxter, Member
      Mr. Clarence D. Long III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 May 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPAOY, dated 18 Jun 02.
    Exhibit C.  Letter, SAF/MRBR, dated 21 Jun 02.
    Exhibit D.  Letter, applicant, dated 5 Jul 02, w/atchs.




                                   OLGA M. CRERAR
                                   Panel Chair



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