RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03348 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be made eligible for the Fiscal Year 2010 (FY10) Aviator 
Continuation Pay (ACP) Program. 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He has completed his Undergraduate Pilot Training (UPT) Active 
Duty Service Commitment (ADSC) requirement and should be eligible 
for the FY10 ACP Program. He believes the ACP Program Management 
Office (AFPC/DPAOT4) is incorrectly interpreting the FY10 ACP 
eligibility requirements and is in direct contradiction to the 
Board’s earlier decision. 

 

In support of his appeal, the applicant provides a personal 
statement and copies of his service information and a FY10 ACP 
Program Implementation message. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving on active duty in the Regular 
Air Force in the grade of major with a date of rank of 
1 November2008. He has a Total Active Federal Military Service 
Date and Total Active Federal Commissioned Service Date of 2 June 
1999. 

 

On 8 May 2007, the Board considered and granted the applicant’s 
request to change his ADSC from ten years to eight years (BC-
2007-00380) (See Record of Proceedings at Exhibit B). 

 

The remaining relevant facts extracted from the applicant’s 
military service records are contained in the Air Force advisory 
opinion at Exhibits C. 

 

_________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

AFPC/DPAO recommends denial. DPAO suggests the Board reverse 
their earlier decision to have the applicant’s UPT changed to 
eight years (15 August 2010) and direct the AFPC ADSC Shop to 
reinstate the ten-year UPT ADSC of 15 August 2012. In addition, 
they recommend disapproving the applicant’s request to enter into 
a FY10 five-year ACP Agreement. 

 

DPAO states the applicant attempted to apply for FY10ACP Program 
and was denied because the ten-year UPT ADSC that should have 
been levied upon him had not expired. Air Force Instruction 
(AFI) 36-2107, that applied to the applicant at the time he 
signed an ADSC Statement of Agreement, was dated 1 June 2000. 
This AFI clearly states only those United States Air Force 
Academy or Air Force Reserve Officer Training Corps cadets “who 
were categorized as pilots at Extended Active Duty (EAD) entry” 
are eligible for an eight-year ADSC. The applicant was not 
categorized as a “pilot” when he entered EAD, but was a line 
officer. 

 

Title 10, United States Code (USC), Section 653a, dictates 
military members who were trained as pilots on fixed-winged 
aircraft would have a minimum of an eight-year UPT ADSC. Even 
though Air Force policy extended UPT service commitments to ten 
years, previous Board decisions waived the additional two years 
when documentation clearly indicated that an “injustice” 
occurred. In this case, the applicant failed to produce source 
documents substantiating his claim that he should be entitled to 
an eight-year UPT ADSC. There is a monetary issue involved. ACP 
is a retention/force shaping tool and is reviewed annually. 
There may or may not be an ACP Program in future fiscal years. 

 

DPAO indicates that if the Board determines a reversal of the 
Board’s earlier decision is not feasible, direct the ACP Program 
Management to enter the applicant into an ACP Agreement with an 
effective date of 16 August 2010 and an ACP end date of 15 August 
2015. 

 

The complete DPAO evaluation, with attachments, is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

In his earlier appeal, the Board concluded his ADSC should be 
recorded as eight years rather than ten years. This decision was 
tendered without stipulation, and AFPC changed his official 
service record to reflect an ADSC of eight years. When his ADSC 
expired in August 2010, he had the lawful option to separate from 
the Air Force or to extend his service. In making his decision 
to extend his service, he referred to the explicit requirements 


of the FY10 ACP Program and determined he was eligible. The 
author of the Air Force advisory opinion acknowledges that he 
[applicant] is entirely eligible for the ACP Program, but for 
their opinion of his ADSC, which, in and of itself, countermands 
the Board’s earlier decision. He had no reason to expect another 
agency could simply elect to reverse or otherwise interpret the 
Board decision. While the advisory author indicates he 
[applicant] failed to produce source documentation that would 
substantiate his claim that he should be entitled to an eight-
year ADSC, he does not see how much more substantial his source 
documentation could have been than to provide the official 
decision made by the Board. As was the case in 2007 when he 
appealed to the Board, he hopes it is apparent that all he is 
seeking is an equitable application of the Air Force’s own 
official policy. 

 

The applicant’s complete rebuttal is at Exhibit E. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice warranting relief. 
Based on the Board’s earlier decision to correct the applicant’s 
record to reflect his ADSC, for completion of Specialized 
Undergraduate Pilot Training, from ten years to eight years, we 
find he meets the requirements to enter into a FY10 ACP 
Agreement. Had the applicant been eligible at the time of his 
first appeal, the Board would have recommended granting his 
eligibility for the ACP along with changing his ADSC. Therefore, 
in view of the above and in order to resolve any injustice in 
favor of the applicant, the Board recommends his records be 
corrected in the following manner. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that he entered into 
a FY10 ACP Agreement with an effective date of 16 August 2010 and 
an ACP ADSC End Date of 15 August 2015. 

 

_________________________________________________________________ 

 


The following members of the Board considered Docket Number BC-
2010-03348 in Executive Session on 16 June 2011 under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to Docket Number BC-
2010-03348 was considered: 

 

 Exhibit A. DD Form 149, dated 8 Sep 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPAO, dated 15 Nov 10, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 3 Dec 10. 

 Exhibit E. Letter, Applicant, dated 11 Dec 10. 

 

 

 

 

 

Panel Chair