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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