RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03922
            INDEX NUMBER:  100.00
      XXXXXXX    COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  Yes


MANDATORY CASE COMPLETION DATE:  22 Jun 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His “date departed last duty station” be adjusted from 13 Jun 89 to 15
Jun 89.

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APPLICANT CONTENDS THAT:

On 12 Jun 01  his  flight  incentive  pay  was  terminated.   When  he
departed his base of assignment for  a  permanent  change  of  station
(PCS) on 13 Jun 89, he had been informed  that  he  had  met  all  the
necessary gates for retention of flight pay.   In  fact  he  had  been
consistently  assured  for  13  years  during  annual  flight  records
verification that all of his gates had been met.   It  was  not  until
later that he discovered that although he met the  minimum  number  of
gate months, he did not meet the requirement for 120  continuous  gate
months by two days.  If he had departed his duty station on 15 Jun  89
vice 13 Jun 89, his flight pay would have continued for another  three
years.

Not only was he provided incorrect assurances year after year, but  he
also discovered that he was no longer eligible for a flight waiver due
to a change in the governing regulation.

In support of his appeal, the applicant submits a complete copy of his
flight record folder based on a request from HQ USAF/XOOT.

The applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active  duty  in  the  grade  of
lieutenant colonel.  His Total Active Federal  Military  Service  Date
(TAFMSD) is 31 May 78.

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AIR FORCE EVALUATION:

AFPC/DPAO recommends denial of the  applicant’s  request.   They  note
that per the  applicant’s  own  statement,  his  records  seem  to  be
correct.

Per AFI 11-401 (Aviation Management), Para 2.6.4.2, “To receive credit
for a month of Operational Flying Duty Accumulator (OFDA)  credit,  an
individual must be assigned to rated/Career Enlisted Aviator (CEA) in-
flight or similar Air Vehicle Operator (AVO) duties in  Flying  Status
Code (FSC) A, U, X, or Z for at least 15  days  within  each  calendar
month that he or she received  operational  credit  from  the  current
month of creditable flying or  previous  three  months  of  creditable
flying duty.  Rated officers or CEA  members  assigned  to  an  active
flying billet pending a  PCS  assignment  to  an  inactive  assignment
should ensure that they sign out on or later  than  the  16th  of  the
month in order to receive OFDA credit.  They also must have  performed
OFDA-creditable flying within three months of the departure month.”

The complete evaluation is at Exhibit C.

HQ USAF/XOOT recommends denial of the applicant’s request based on the
fact he requested the date he departed his duty  station  be  adjusted
specifically to meet OFDA requirements.  The applicant  did  not  meet
OFDA requirements within the time period specified by public law and a
waiver to operational flying requirements would be contrary to  public
law.  The applicant was grandfathered under the  requirements  of  the
Aviation Career Incentive Act of 1974 and is ineligible for a waiver.

Adjusting the  applicant’s  date  of  departure  would  award  him  an
additional month of OFDA credit, which would allow  him  to  meet  the
OFDA  requirements  for  entitlement  to  continuous  Aviation  Career
Incentive Pay (ACIP) through 25 years  of  aviation  service.   10  US
Code, Title 37, Section 301a authorizes the ACIP entitlement for rated
officers who engage and remain in aviation service on a career  basis.
ACIP is paid to officers that have completed the  required  number  of
months by the 12th and 18th year of aviation service.   The  applicant
was grandfathered  under  the  requirements  of  the  Aviation  Career
Incentive Act of 1974, which sets the requirements of 108 months  OFDA
to receive continuous ACIP through 22 years aviation service  and  132
months OFDA to receive  continuous  ACIP  through  25  years  aviation
service.

The applicant began aviation service on 13  Jun  79  and  remained  in
active operational flying assignments until departing his duty station
for a PCS assignment on 13 Jun 89.  At the time of his  departure,  he
had accumulated 120 months of OFDA credit.  He returned to  an  active
flying assignment again in 11 Jul 96 and accumulated an additional  11
months of OFDA.  Upon reaching his 18th year of  aviation  service  he
had accumulated 131 months of OFDA.

Based on their review of the applicant’s flight record, they  find  no
evidence he had “met all his  gates,”  or  that  he  was  specifically
briefed this on numerous occasions.   His  record  contains  at  least
eight Individual Data Summaries, which he signed, that list  his  OFDA
months for the 18-year gate requirement.  The reports are accurate and
clearly show he did not meet the 18-year gate requirement of 132  OFDA
months.

The complete evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
22 Jul 05 for review and comment within 30 days.  To date, a  response
has not been received.

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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 opinions and recommendations  of  the  Air
Force offices 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.

4.  The applicant's case is adequately documented and it has not been
shown that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 Docket Number  BC-2004-
03922 in Executive Session on 30 August 2005, under the provisions of
AFI 36-2603:

      Ms. B J White-Olson, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPAO, undated.
    Exhibit D.  Memorandum, HQ USAF/XOOT, dated 5 Jul 05.
    Exhibit E.  Letter, SAF/MRBR, dated 22 Jul 05.




                                   B J WHITE-OLSON
                                   Panel Chair