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AF | BCMR | CY2009 | BC-2009-00573
Original file (BC-2009-00573.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-00573
            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:

He was unable to submit an application for the FY08 ANG ACP program due to
administrative error committed by the National Guard Bureau (NGB) and  the
Air Combat Command (ACC) that resulted in the lack of the provision of  an
appropriate set of orders.  To be eligible for the FY08 ANG  ACP  program,
he had to be on one active duty order for a continuous year.  His  initial
orders ran from 1 Mar 08 to 31 Dec 08.  His orders were  then  amended  to
change the end date of his tour from 31 Dec 08 to 31 Mar 09.   His  intent
was to serve for an entire year, however, despite  a  known  shortfall  in
manning, his orders were allowed to  lapse  and  his  extension  to  those
orders were not published until 21 Nov 08 and not received by him until 17
Dec 08.

In support of his appeal, the applicant provides copies of two letters  of
support and an order.

Applicant’s complete submission is attached.

_________________________________________________________________

STATEMENT OF FACTS:

ANG eligibility requirements for the FY08 ACP program required aviators to
be on active duty orders for one  uninterrupted  year  (no  amendments  or
modifications to original orders); have less than  20  years  of  aviation
service (YAS) at application and, not go over 20 YAS  during  the  current
contract.

The applicant was initially ordered to extended active duty from 1 Mar  08
through 31 Dec 08.  His orders were modified to change the end date of his
tour from 31 Dec 08 to 31 Mar 09.

_________________________________________________________________

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 did not meet ANG  FY08  ACP  eligibility  requirements.   It
appears he was initially ordered to active  duty  for  nine  months.   His
orders were  subsequently  amended  beyond  his  nine-month  initial  tour
rendering him ineligible to participate.  Further, the applicant  has  not
provided evidence showing he met the additional eligibility requirement of
having 19 or less YAS, but not  more  than  20  YAS.   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-
00573 in Executive Session on 10 November 2009, under  the  provisions  of
AFI 36-2603:

The following documentary evidence with regard to AFBCMR
Docket Number BC-2009-00573 was considered:

    Exhibit:  DD Form 149, dated 11 Feb 09, w/atchs.






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