RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-02323
INDEX CODE: 128.04
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 2008 (FY08) Aviation Continuation Pay
(ACP) program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He meets all the required criteria to participate in the FY08 program yet
he is currently excluded because his service began in the first quarter of
FY08. ANG pilots activated between 1 Oct 07 and 31 Dec 07 for a period of
one year are currently excluded from the FY08 ACP program as an unintended
consequence of the programs delayed approval. Because staffing of the ACP
program was not completed until the second quarter of FY08, the SAF
General Counsel (SAF/GC) determined the earliest date ACP contracts could
begin is 1 Jan 08. Had staffing been completed by 31 Dec 07, pilots who
began service in FY08 would be eligible.
In support of his appeal, the applicant provides a copy of his active duty
orders.
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 Oct 07
through 31 Dec 07. His orders were modified to change the end date of his
tour from 31 Dec 07 to 30 Sep 08.
_________________________________________________________________
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 three months. His
orders were subsequently amended beyond his three-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.
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-
02323 in Executive Session on 10 November 2009, under the provisions of
AFI 36-2603:
The following documentary evidence was considered:
Exhibit: DD Form 149, dated 21 Apr 09, w/atch.
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