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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