Search Decisions

Decision Text

AF | BCMR | CY2009 | BC-2009-00962
Original file (BC-2009-00962.doc) Auto-classification: Denied


                       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

Similar Decisions

  • AF | BCMR | CY2010 | BC-2009-04140

    Original file (BC-2009-04140.txt) Auto-classification: Denied

    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-2009-04168

    Original file (BC-2009-04168.txt) Auto-classification: Denied

    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 | CY2009 | BC-2009-02323

    Original file (BC-2009-02323.doc) Auto-classification: Denied

    _________________________________________________________________ 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 | CY2010 | BC-2009-04137

    Original file (BC-2009-04137.txt) Auto-classification: Denied

    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-2009-00573

    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. The applicant was initially ordered to extended active duty from 1 Mar...

  • AF | BCMR | CY2009 | BC-2008-04301

    Original file (BC-2008-04301.doc) Auto-classification: Denied

    _________________________________________________________________ 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-2009-00604

    Original file (BC-2009-00604.docx) Auto-classification: Denied

    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. 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. The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the...

  • AF | BCMR | CY2012 | BC-2012-04089

    Original file (BC-2012-04089.txt) Auto-classification: Approved

    ________________________________________________________________ APPLICANT CONTENDS THAT: The delayed release of the Air National Guard (ANG) FY12 ACP policy guidance resulted in him not being allowed to renew his ACP agreement in time to qualify for a two-year agreement. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force office of primary responsibility and SAF/MRB Legal Advisor and are attached at Exhibits C and...

  • AF | BCMR | CY2009 | BC-2009-00311

    Original file (BC-2009-00311.doc) Auto-classification: Denied

    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 | CY2011 | BC-2011-02191

    Original file (BC-2011-02191.txt) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: On 1 Oct 10, he became eligible for ACP when he received his initial AGR tour orders. The applicant was initially ordered to extended active duty from 1 Oct 10 to 30 Sep 13. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the...