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AF | BCMR | CY2009 | BC-2009-00604
Original file (BC-2009-00604.docx) Auto-classification: Denied

RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00604

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). To be eligible for the FY08 ANG ACP program, he had to be on one active duty order for a continuous year. However, his orders only covered the period of May 08 to Dec 08. The delay in being able to apply for the FY08 ACP program was caused by the NGB in that while he was told he had to have hard-copy orders-in-hand not later than (NLT) 21 Nov 08, NGB only issued the orders on 15 Dec 08 – beyond the cutoff date in November for him to apply.

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 evidence of record indicates the applicant was ordered to extended active duty from 15 Dec 07 to 31 May 09. His orders were modified more than once to change his itinerary dates.

_________________________________________________________________

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 for the FY08 ACP program. It appears his orders were amended several times 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-2009-00604 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-2009-00604 was considered:

Exhibit: DD Form 149, dated 25 Jan 09, w/atchs.

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