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AF | BCMR | CY2009 | BC-2009-00311
Original file (BC-2009-00311.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-00311
            INDEX CODE:  128.04

            COUNSEL:  NONE

            HEARING DESIRED: NO



_________________________________________________________________

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:

His active duty service commitment (ADSC) for undergraduate pilot training
(UPT) was fulfilled in Feb 08.  The ANG has informed him that in order  to
be eligible to participate in the FY08 ANG ACP program, he  must  have  10
years of aviation service.  Under the ANG policy, he will become  eligible
to participate in the ANG ACP program in Feb 09.

In the US Air Force (USAF), his eligibility would have been established in
Feb 08 – the date he fulfilled his ADSC.  He was recently mobilized by the
ANG but they denied his request for ACP.  He feels it is unjust to have  a
different set of rules (especially regarding  benefits)  when  all  airman
(ANG, USAF, AFRES) are being tasked for the same mission.

In support of his appeal, the applicant provides a copy of his active duty
order.

Applicant’s complete submission is attached.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was initially ordered to active duty from 22 Dec 08  through
31 Dec 09.  The ANG ACP Implementation Policy requires aviators to have  a
minimum of ten years  of  aviation  service  before  they  are  considered
eligible for participation in the ANG ACP program.

_________________________________________________________________





AIR FORCE EVALUATION:

This application is being boarded without an advisory from the ANG.

_________________________________________________________________

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  note
the  applicant  failed  to   meet   ANG   eligibility   requirements   for
participation in the FY08 ACP program.  He had not completed  the  minimum
10 years of aviation service required of ANG aviators  to  participate  in
the FY08 ACP program.  We noted his argument that  the  USAF  and  Reserve
components should not have different sets of rules  for  eligibility  when
all airmen are being tasked for the same mission; however, the ACP program
is incentive-based and is designed with  the  flexibility  to  allow  each
component to meet its rated needs each Fiscal Year.  As such,  we  do  not
find the rules were improperly applied or that he was treated  differently
than others similarly situated.  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-
00311 in Executive Session on 28 October 2009, under the provisions of AFI
36-2603:







The following documentary evidence with regard to AFBCMR Docket Number BC-
2009-00311 was considered:

    Exhibit:  DD Form 149, dated 16 Jan 09, w/atchs.





                                   Panel Chair

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