RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01838
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive Aviation Continuation Pay (ACP) for fiscal year 2011.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was ineligible for the ACP bonus for fiscal year 2011 since
the guidance was not released until 23 February 2011.
The guidance advised that C-26 personnel who only received one-
year orders should submit an application for correction of their
military records.
In support of his request, the applicant provides an ACP
spreadsheet, copies of his orders, and a copy of a memorandum
from the Department of the Navy.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air National Guard
(ANG) in the rank of major (0-4).
Additional relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force. Accordingly, there is no need to recite these facts
in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PF recommends denial. After reviewing the applicants
records for ACP eligibility, A1PF concluded that he was not
eligible for the time period requested. The applicant was
initially on orders from 1 Oct 10 to 19 Dec 10 and did not have
orders that included a full year of duty until the special order
dated 12 Apr 11 was published. Furthermore, USC Title 37,
section 301b, requires the member to agree in advance, in
writing, to remain on active duty, in aviation service for at
least one year. Additionally, in accordance with the FY11 ANG
ACP Policy, Because of the inconsistent funding schedule for
these programs, members who are on AGR Occasional Tours
Active
Duty for Operational Support (ADOS) days must have an
order/orders in handthat cover the minimum agreement period
prior to agreement approval. It is also stated, No agreements
will be authorized or payments made for retroactive periods due
to compiling multiple orders.
The complete NGB/A1PFevaluation is at Exhibit B.
NGB/A1PS recommends denial. A1PS agrees with the subject matter
expert in denying the applicants request for ACP.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluationswere forwarded to the
applicant on 17 Jun11for review and comment within 30 days. Asof this date, this office has received no response.
THE BOARD CONCLUDES THAT:
1.The applicant has exhausted all remedies provided by existinglaw 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 agree with the opinionsand recommendationsof the National Guard Bureauofficesof primary responsibility
and adopt theirrationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find nobasis to recommend granting the relief sought in this
application.
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-2011-01838 in Executive Session on 14 Feb 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 May 11, w/atchs.
Exhibit B. Letter, NGB/A1PF, dated 2 Jun 11.
Exhibit C. Letter, NGB/A1PS, dated 2 Jun 11.
Exhibit D. Letter, SAF/MRBR, dated 17 Jun 11.
Panel Chair
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