Search Decisions

Decision Text

AF | BCMR | CY2011 | BC-2011-02191
Original file (BC-2011-02191.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02191 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show that his Aviator Continuation 
Pay (ACP) contract started on 1 Oct 10, the date his Active 
Guard/Reserve (AGR) orders became effective. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

On 1 Oct 10, he became eligible for ACP when he received his 
initial AGR tour orders. No contract could be signed until the 
Fiscal Year 2011 (FY11) release of the ACP policy. On 23 Feb 
11, he signed the ACP contract. 

 

In support of his request, the applicant provides copies of his 
initial AGR order, aeronautical orders, DD Form 214, Certificate 
of Release or Discharge from Active Duty, FY11 ACP Agreement 
Statement of Understanding (SOU), and Aviator Continuation 
Roster. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Information extracted from the Military Personnel Data System 
(MilPDS) indicates the applicant is currently serving in the New 
Jersey Air National Guard (ANG) in the grade of captain (0-3), 
having assumed that grade effective and with a date of rank of 
2 Nov 04. 

 

The applicant was initially ordered to extended active duty from 
1 Oct 10 to 30 Sep 13. His orders were later amended to extend 
his tour by changing the end date of his tour from 30 Sep 13 to 
30 Sep 14. 

 

In accordance with the FY11 ANG ACP Implementation Policy, 
members must have completed at least 10 years of service as a 
pilot following the completion of Undergraduate Pilot Training 
(UPT), Specialized Undergraduate Pilot Training (SUPT), Joint 
Specialized Undergraduate Pilot Training (JSUPT), Undergraduate 
Pilot Training-Helicopter (UPT-H), Euro-North Atlantic Treaty 


Organization Joint Jet Pilot Training (ENJJPT) or Fixed Wing 
Qualification (FWQ) for “sister service” accessions. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/A1PF recommends denial. A1PF states according to the 
applicant’s Individual Data Summary, he graduated from UPT on 
7 Jun 01. This would make his initial date of eligibility for 
ACP 7 Jun 11. 

 

The complete A1PF evaluation is at Exhibit C. 

 

NGB/A1PS concurs with the NGB Subject Matter Expert’s (SMEs) 
advisory and therefore recommends denial. 

 

The complete A1PS evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 26 Aug 11 for review and comment within 30 days 
(Exhibit E). As of this date, this office has not received a 
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 an error or injustice. We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinions and 
recommendations of the Air Force offices of primary 
responsibility and adopt their rationale 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 no basis for us 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-2011-02191 in Executive Session on 3 Nov 11, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 13 Jun 11, w/atchs. 

 Exhibit B. NGB/A1PF, Letter, dated 11 Aug 11. 

 Exhibit C. NGB/A1PS, Letter, dated 17 Aug 11. 

 Exhibit D. SAF/MRBR, Letter, dated 26 Aug 11. 

 

 

 

 

 Panel Chair 



Similar Decisions

  • AF | BCMR | CY2011 | BC-2011-03725

    Original file (BC-2011-03725.txt) Auto-classification: Denied

    However, no eligible RPA pilot will be able to take advantage of this due to the way one year orders are allocated and the delay in the release of the FY11 guidance. In support of his request, the applicant provides copies of his Air National Guard (ANG) FY11 ACP Program Announcement and Implementation Policy, aeronautical order, FY11 ACP Agreement Statement of Understanding (SOU), and other documents in support of his application. ...

  • AF | BCMR | CY2011 | BC-2011-02234

    Original file (BC-2011-02234.txt) Auto-classification: Denied

    The remaining relevant facts extracted from the applicant’s military service records are contained in the evaluation by the Air Force office of primary responsibility at Exhibit B. This would make his initial date of eligibility start on 13 December 2011. 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...

  • AF | BCMR | CY2011 | BC-2011-01838

    Original file (BC-2011-01838.txt) Auto-classification: Denied

    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. Additional relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. ...

  • AF | BCMR | CY2010 | BC-2010-03700 ADDENDUM

    Excluding him, when the written ACP program never excluded officers occupying API 0 positions and when the AFBCMR and the Director of the ANG approved it retroactively for other API 0 billeted pilots' pre-FYll service, would be a discriminatory application causing error and injustice. Further, NGB does not dispute that the ACP policy as written never excluded API 0 pilots as the Director ANG concluded by approving ACP for some of them in 2010. ...

  • AF | BCMR | CY2011 | BC-2011-03532

    Original file (BC-2011-03532.txt) Auto-classification: Denied

    The complete NGB/A1PF evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by providing the missing documents requested by NGB/A1PF. _________________________________________________________________ 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...

  • AF | BCMR | CY2013 | BC 2013 05545

    Original file (BC 2013 05545.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05545 COUNSEL: NONE INDICATED HEARING DESIRED: NO APPLICANT REQUESTS THAT: His ten-year Active Duty Service Commitment (ADSC) for Undergraduate Pilot Training (UPT) be declared void. The applicant contends he never signed a service commitment agreement upon entry to initial pilot training. The FY13 ACP program implementation instructions included a criterion that in order to be...

  • AF | BCMR | CY2013 | BC 2013 03832

    Original file (BC 2013 03832.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03832 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His initial eligibility and start date for Aviator Retention Pay (ARP) be 11 Feb 13. APPLICANT CONTENDS THAT: The delayed release of the Air National Guard (ANG) Fiscal Year (FY) 2013 ARP policy guidance resulted in his not being allowed to renew his two-year ARP agreement. A complete copy of the applicant’s...

  • AF | BCMR | CY2012 | BC-2012-04089

    Original file (BC-2012-04089.txt) Auto-classification: Approved

    ________________________________________________________________ APPLICANT CONTENDS THAT: The delayed release of the Air National Guard (ANG) FY12 ACP policy guidance resulted in him not being allowed to renew his ACP agreement in time to qualify for a two-year agreement. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force office of primary responsibility and SAF/MRB Legal Advisor and are attached at Exhibits C and...

  • AF | BCMR | CY2013 | BC 2013 01738

    Original file (BC 2013 01738.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01738 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he is eligible to participate in the Air National Guard (ANG) Aviator Continuation Pay (ACP) program for fiscal year 2012 (FY12) with a three-year tour service commitment. An error and delay in processing his...

  • AF | BCMR | CY2012 | BC-2012-03031

    Original file (BC-2012-03031.txt) Auto-classification: Denied

    JA states that based on the facts presented in the NGB opinions, JA finds their responses to be legally sufficient and concurs with the recommendations to deny the applicant's requests for corrective action related to ACP payments, Board# V0611A, AGR separation from ANG Selective Retention Review Board (SRRB) consideration, and TERA. Counsel’s complete response is at Exhibit N. _______________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: NGB/A1PF...