RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03725
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be considered eligible for the Air National Guard (ANG)
Fiscal Year (FY11) Aviator Continuation Pay (ACP) Program.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. The delays in the final policy approval, National Defense
Authorization Act (NDAA) approval, and final legal reviews
resulted in him not qualifying for the ACP per the current
years guidance.
2. Current policy requires that he has orders in hand for one
year starting on or after the release date of the ACP policy
(23 Feb 11). His orders run from 1 Oct 10 to 30 Sep 11.
3. Due to funding constraints, Air Combat Command (ACC) will
not authorize a fund cite to cross fiscal years (FY).
Therefore, his orders were only authorized until the end of the
FY.
4. There is a one year bonus provision within the ACP intended
for remotely piloted aircraft (RPA) pilots. 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.
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
California Air National Guard (ANG) in the grade of lieutenant
colonel (0-5), having assumed that grade effective and with a
date of rank of 1 Oct 05.
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 offices of
the Air Force, which are attached at Exhibits B and C.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PF recommends denial. A1PF states the law that determines
eligibility for ACP is spelled out in U.S. Code Title 37,
section 301b, paragraph d, which specifically states that ACP
agreements are restricted so that such agreement does not
exceed beyond the date on which the officer making such
agreement would complete 25 years of aviation service (YAS).
This is further supported by Department of Defense Instruction
(DoDI) 7730.57, enclosure 3, paragraph 2c.
Once a member reaches 25 YAS, they are no longer eligible to
receive ACP. The applicants aeronautical orders states that he
reached 25 YAS on 11 Jun 10.
The complete A1PF evaluation is at Exhibit B.
NGB/A1PS concurs with the NGB Subject Matter Experts (SMEs)
advisory and therefore recommends denial.
The complete A1PS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the Air Force evaluations were forwarded to the
applicant on 10 Feb 12 for review and comment within 30 days
(Exhibit D). 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 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 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-2011-03725 in Executive Session on 19 Apr 11, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Aug 11, w/atchs.
Exhibit B. NGB/A1PF, Letter, dated 3 Jan 12.
Exhibit C. NGB/A1PS, Letter, dated 17 Jan 12.
Exhibit D. SAF/MRBR, Letter, dated 10 Feb 12.
Panel Chair
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