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AF | BCMR | CY2009 | BC-2008-04301
Original file (BC-2008-04301.doc) Auto-classification: Denied


                       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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