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 applicants 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 applicants
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 applicants 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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