RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02234
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The effective date of his Fiscal Year 2011 (FY11) Aviator
Continuation Pay (ACP) contract be changed to 1 October 2010, the
date his Active Guard Reserve (AGR) orders became effective.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Eligibility guidance did not come out until 23 February 2011. He
became eligible on 1 October 2010 when he received his initial
AGR tour orders; however, he couldnt sign a contract until the
guidance release. As a result, he did not sign his ACP contract
until 23 February 2011.
In support of his appeal, the applicant provides copies of his
ACP Statement of Understanding, Aeronautical Orders, Aviation
Continuation Roster, Individual Data Summary, and his AGR active
duty 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 Mobility Pilot in the grade of captain (O-3).
According to the orders provided by the applicant, his initial
AGR active duty tour was effective 1 April 2008 to 15 December
2010. He was subsequently continued on active duty orders
effective 15 December 2010 to 15 December 2014. On 23 February
2011, the applicant signed a FY11 Pilot ACP Agreement Statement
of Understanding.
The remaining relevant facts extracted from the applicants
military service records are contained in the evaluation by the
Air Force office of primary responsibility at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PF recommends denial. A1PF states that in accordance with
the FY11 ANG ACP Policy, paragraph 2.1.4.1, in order for a member
to be eligible to apply, they must have completed at least ten
years of service as a pilot following the completion of
Undergraduate Pilot Training (UPT)
According to the
applicants Individual Data Summary, he graduated from UPT on
13 December 2001. This would make his initial date of
eligibility start on 13 December 2011. Therefore, he is eligible
to apply for ACP no earlier than 13 December 2011.
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 26 August 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-2011-02234 in Executive Session on 23 February 2012,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-02234 was considered:
Exhibit A. DD Form 149, dated 13 Jun 11, w/atchs.
Exhibit B. Letter, NGB/A1PF, dated 11 Aug 11.
Exhibit C. Letter, SAF/MRBR, dated 26 Aug 11.
Panel Chair
AF | BCMR | CY2011 | BC-2011-02191
_________________________________________________________________ APPLICANT CONTENDS THAT: On 1 Oct 10, he became eligible for ACP when he received his initial AGR tour orders. The applicant was initially ordered to extended active duty from 1 Oct 10 to 30 Sep 13. We took notice of the applicants 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...
AF | BCMR | CY2011 | BC-2011-03725
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 | 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-2011-01839
The remaining relevant facts extracted from the applicants military service records are contained in the Air Force advisory opinion at Exhibits B. 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...
AF | BCMR | CY2011 | BC-2011-03941
As stated in the ACP guidelines, his eligibility date rendered him ineligible to complete an entire period of agreement under the policy as released. 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 its rationale as the basis for our conclusion that the applicant was ineligible for the Aviator Continuation Pay Program during Fiscal Year...
AF | BCMR | CY2012 | BC-2012-03788
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03788 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 2010 (FY10) with a four-year tour service commitment. He applied for the four-year ACP; it...
AF | BCMR | CY2011 | BC-2011-03532
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 | CY2012 | BC-2012-04089
________________________________________________________________ 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 | CY2011 | BC-2011-01838
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 | CY2012 | BC-2012-04460
_________________________________________________________________ APPLICANT CONTENDS THAT: He was eligible to receive ACP in FY12; however, the message authorizing ACP was not released until 24 Feb 12. On 11 Jun 12, AFBCMR sent the applicant the SAF/MRB Legal Advisory, dated 9 Apr 13, see Exhibit E. _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PF recommends approval. He realized that there would be a delay in the FY11 [sic] ACP, but it would...