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.
AF | BCMR | CY2009 | BC-2009-00573
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. The applicant was initially ordered to extended active duty from 1 Mar...
AF | BCMR | CY2009 | BC-2009-02323
_________________________________________________________________ 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 Oct 07 through 31 Dec 07. ...
AF | BCMR | CY2009 | BC-2008-04301
_________________________________________________________________ APPLICANT CONTENDS THAT: He met the eligibility requirements to participate in the ANG FY08 ACP program as he was on one continuous active duty order for the entire FY performing the duties of an ANG pilot during that time frame. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and...
AF | BCMR | CY2009 | BC 2009 01033
_________________________________________________________________ APPLICANT CONTENDS THAT: His unit is a traditional C-130 unit and has no active duty positions, thus he was not aware of the ACP program until he was on deployment and found out about the program through other Air National Guard (ANG) crew members. A1FF notes that the applicants active duty order was extended several times in order for him to reach one year of active duty service. We took notice of the applicant's complete...
AF | BCMR | CY2009 | BC-2009-00311
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. The ANG has informed him that in order to be eligible to participate...
AF | BCMR | CY2010 | BC-2009-04168
The 1,095 day rule limits otherwise willing aviators to less than a continuous year of service thereby, making them ineligible to participate in the ANG ACP program for that particular year. ANG eligibility requirements for the FY09 ACP program required aviators to be on active duty orders cut for one continuous, uninterrupted year. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did...
AF | BCMR | CY2010 | BC-2009-04140
The 1,095 day rule limits otherwise willing aviators to less than a continuous year of service thereby, making them ineligible to participate in the ANG ACP program for that particular year. ANG eligibility requirements for the FY09 ACP program required aviators to be on active duty orders cut for one continuous, uninterrupted year. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did...
AF | BCMR | CY2010 | BC-2009-04137
The 1,095 day rule can be waived and the orders of those ANG aviators who will exceed the 1,095 day rule during a tour of active duty are generally limited to less than a year until such time as they have been approved for a waiver. The 1,095 day rule limits otherwise willing aviators to less than a continuous year of service thereby, making them ineligible to participate in the ANG ACP program for that particular year. ANG eligibility requirements for the FY09 ACP program...
AF | BCMR | CY2009 | BC 2009 00277
In support of his request, applicant submits copies of his ACP Agreement, his aeronautical order and extracts from the FY07 ACP Implementation Policy and Special Orders R-B00027, R-C000269 and R-C000164. ______________________________________________________________ THE BOARD DETERMINED THAT: The applicant be notified that the evidence presented did not demonstrate the existence of error or injustice; that the application was denied without a personal appearance; and that the application...
AF | BCMR | CY2009 | BC-2009-00962
The FY09 ANG ACP Implementation Policy requires aviators to be on active duty orders in FY09 for one uninterrupted year (no modification to original orders). We took notice of the applicant's complete submission in judging the merits of the case; however, we note the FY09 ANG ACP eligibility guidelines include the requirement that ANG aviators be on active duty for one full year with no modification to their original order. ...