RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00962
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show his eligibility to participate in the Air
National Guard (ANG) Fiscal Year 2009 (FY09) Aviation Continuation Pay
(ACP) program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is eligible and should be awarded ACP for the period 1 Oct 08 to 30 Sep
09 (FY09); however, the required paperwork was not submitted on his behalf
within the 30 days allotted to do so because his initial orders did not
cover the entire year of service. His orders have since been amended to
reflect the continuous year of service which entitles him to ACP.
In support of his appeal, the applicant provides copies of the FY09 Pilot
Aviator Continuation Pay (ACP) Agreement, his active duty orders, and a
waiver of his active duty sanctuary protection.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was initially ordered to active duty from 1 Oct 08 through
30 Jun 09 (less than one year). His orders were later amended to change
the end date of his orders from 30 Jun 09 to 30 Sep 09.
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).
_________________________________________________________________
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 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. The applicant’s orders were originally cut for less than
one year of active duty service and later amended to extend his service to
one year. Therefore, in the absence of evidence to the contrary, we find
no compelling basis to recommend granting the relief sought in this
application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issue(s) involved. Therefore, the request
for a hearing is not favorably considered.
_________________________________________________________________
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-
00962 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-
2009-00962 was considered:
Exhibit: DD Form 149, dated 17 Feb 09, w/atchs.
Panel Chair
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