RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-04301
INDEX CODE: 128.04
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show his eligibility to participate in the
Air National Guard (ANG) Fiscal Year 2008 (FY08) Aviation Continuation
Pay (ACP) program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He met the eligibility requirements to participate in the ANG FY08 ACP
program as he was on one continuous active duty order for the entire FY
performing the duties of an ANG pilot during that time frame. He was
unable to meet the ANG’s participation policy of submitting an application
on or before 15 May 08 and is now submitting this personal request.
In support of his appeal, the applicant provides copies of ANG FY08 ACP
policy, pertinent emails, and his orders.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was ordered to active duty from 1 Oct 07 through 30 Sep 08
and has an aviation service date (ASD) of 17 May 88. Along with the
requirement to be on active duty orders for one continuous year with no
breaks or amendments to orders, the FY08 ANG ACP policy requires that
aviators have at least one year of aviation service remaining in order to
qualify. This provision ensures ANG aviators with 19 years or less of
aviation service can enter into an ACP agreement for at least a one-year
contract. Aviators with more than 20 years of aviation service (YAS)
cannot complete a full year on an ACP contract – partial years are not
permitted – prior to reaching 20 YAS.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PS agrees with NGB/A1FF, the subject matter expert (SME), and
recommends denial. A1FF notes on 1 Oct 07, the applicant had 19 years, 3
months, and 14 days of aviation service and, therefore, exceeded the
maximum of 19 YAS. Thus, he is not eligible to participate in the FY08
ACP program.
DPPF’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 11
Sep 09 for review and comment within 30 days. 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 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 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 issue(s) 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 AFBCMR Docket Number BC-2008-
04301 in Executive Session on 28 October 2009, under the provisions of AFI
36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Nov 08, w/atchs.
Exhibit B. Letter, NGB/A1PS, dated 1 Sep 09, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 11 Sep 09.
Panel Chair
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