RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01033
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be eligible to participate in the Fiscal Year 2008 (FY08) Aviation Continuation Pay (ACP) program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His unit is a traditional C-130 unit and has no active duty positions, thus he was not aware of the ACP program until he was on deployment and found out about the program through other Air National Guard (ANG) crew members. Upon finding out about the program, he contacted his unit immediately and was told, after some investigation into the program, that he was eligible to participate in the program.
In support of his appeal, the applicant has provided copies of his orders, an ACP agreement, an ACP log, and his aeronautical order (AO).
Applicants complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving with the Ohio ANG (OHANG) in a rated position in the grade of lieutenant colonel (Lt Col). The record indicates he was originally ordered to active duty from 18 May to 30 June 2008. Those orders were extended to 21 July 2008, and extended again to 30 September 2008. A new order was then produced ordering him to active duty from 18 July 2008 to 30 September 2009.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PS agrees with NGB/A1FF, the subject matter expert (SME), and recommends denial. A1FF notes that the applicants active duty order was extended several times in order for him to reach one year of active duty service. Because he was not on orders for a continuous year (no extensions or amendments), he is not eligible for FY08 ACP. Additionally, as members are only eligible for ACP for up to 20 YAS, he is also not eligible for FY08 ACP as he reached his 20 YAS approximately one month into his tour.
A1PSs complete 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 7 May 2009 for review and comment within 30 days. As of this date, no response has been received by this office (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. 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 its 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 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 BC-2009-01033 in Executive Session on 23 June 2009, under the provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Mar 09, w/atchs.
Exhibit B. Letter, NGB/A1PS, dated 13 Apr 09, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 7 May 2009.
Chair
1
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