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AF | BCMR | CY2011 | BC-2011-01839
Original file (BC-2011-01839.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01839 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be made eligible for the Fiscal Year 2011 (FY11) Aviator 
Continuation Pay (ACP) Program. 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Eligibility guidance did not come out until 23 February 2011. 

 

In support of his appeal, the applicant provides copies of his 
ACP Statement of Understanding, Certificate of Aeronautical 
Rating, and his active duty Special Orders. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is currently serving in the Air National Guard 
(ANG) as a Navigator in the grade of lieutenant colonel (O-5). 

 

According to the orders, provided by the applicant, he served on 
active duty from 1 October 2010 – 19 December 2010, for 
Operational Support for Counterdrug Duty; 20 December 2010 – 
15 March 2011, for a Federal Operation Mission; and from 1 June 
2011 – 30 September 2011 for Counterdrug Duty. 

 

On 14 April 2011, the applicant signed a FY11 Navigator & Combat 
Operator ACP Statement of Understanding indicating he understood 
the effective date of the agreement was 14 April 2011. On 
18 April 2011, the agreement was approved by the approval 
authority. 

 

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

 

_________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

NGB/A1PF recommends denial. A1PF states that Title 37, United 
States Code (USC), Section 301b, requires that a member agree in 
advance, in writing, to remain on active duty, in aviation 
service for at least one year. In addition, in accordance with 
paragraph 2.2 of the FY11 ANG ACP Policy, “Because of the 
inconsistent funding schedule for these programs, members who are 
on AGR Occasional Tours…or Active Duty for Operational Support 
(ADOS) days must have an order/orders in hand that cover the 
minimum agreement period prior to agreement approval.” The NOTE 
at the top of page 4 of the same policy also indicates “No 
agreements will be authorized or payments made for retroactive 
periods due to compiling multiple orders.” 

 

A1PF indicates the applicant’s request is for an ACP agreement 
beginning 1 October 2010, but he did not have orders “in hand” at 
the time and did not have them until April 2011. As in prior 
years, it has been determined that members cannot “fall into 
eligibility” based on eventually completing one year of duty 
under multiple amendments or sets of orders. Had the applicant 
had orders from 1 October 2010 to 30 September 2011 published not 
later than October 2010, then he may have been eligible for ACP. 

 

The complete A1PF evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 17 June 2011 for review and comment within 30 days (Exhibit 
C). As of this date, this office has received no response. 

 

_________________________________________________________________ 

 

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 agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt their 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no basis 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-2011-01839 in Executive Session on 24 January 2012, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2011-01839: 

 

Exhibit A. DD Form 149, dated 9 May 11, w/atchs. 

Exhibit B. Letter, NGB/A1PF, dated 2 Jun 11. 

Exhibit C. Letter, SAF/MRBR, dated 17 Jun 11. 

 

 

 

 

Panel Chair 



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