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AF | BCMR | CY2009 | BC-2009-02323
Original file (BC-2009-02323.doc) Auto-classification: Denied

                       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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