RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04772 

 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show one additional month of 
Operational Flying Duty Accumulator (OFDA) be added to his total 
of 119 months, resulting in 120 months of OFDA and continued 
entitlement to flight pay and aviator continuation pay (ACP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was unjustly docked for the period 1 Apr 96 to 16 May 96 and 
not able to fly during that period because of squadron policy, 
weather, and maintenance. Additionally, his squadron did not fly 
him for 34 days prior to being ordered to a three-month non-flying 
temporary duty in Saudi Arabia. As a result, he was over the 
limit to lose flying credit and he was docked a full month of 
credit. 

 

If he does not reach 120 months of flying time he will stop 
receiving his flight pay and will have to repay $20,000 in aviator 
continuation pay (ACP) that he has already received. No one 
thought of these possible consequences at the time that he was 
left off the flying schedule prior to deploying. 

 

He has exhausted his administrative remedies most recently by 
applying for a one-month waiver of the 120 month requirement, but 
his request was denied because he had accepted a non-flying 
assignment. 

 

Being one month shy of the required 120 months will have a 
dramatic financial impact on his family and it is his hope that 
the Board will judge that losing all flight benefits because he 
has 119 months instead of 120 months of flying, under the 
circumstances, would be unjust. 

 

In support of his appeal, the applicant provides a personal 
statement and copies of his Duty History Information, deployment 
orders and associated travel voucher, a Report of Individual 
Flying Time, a letter of support from a former fellow pilot, an 
Aviation Service Audit Worksheet, a Flying History Report, an 
Entitlement Status Letter informing him of his impending loss of 


flight pay, and an email from the National Guard Bureau (NGB) 
office of primary responsibility (OPR) informing him of the denial 
of his one-month waiver request. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to the applicant’s military personnel records, he 
currently serves on extended active duty (EAD) with the Air 
National Guard (ANG) in the grade of lieutenant colonel (O-5). 

 

In accordance with Title 37, United States Code (USC), Section 
301a and Air Force Instruction (AFI) 36-2110, Assignments, it is 
Air Force policy that as many members as possible complete at 
least 10 years (120 months) of operational flying by their 18th 
year of aviation service (YAS). 

 

According to information provided by the applicant, he attained 
119 months of operational flying during the period ending 
14 Nov 06. 

 

According to the applicant’s military personnel records, he 
commenced a period of voluntary extended active duty, in a non-
flying position, on 1 Oct 07 for a period of 12 months. His 
active duty orders were subsequently amended repeatedly, resulting 
in a voluntary extension of his active duty tour during which he 
was voluntarily reassigned to another non-flying position where 
his date of separation (DOS) was established as 31 May 16. 

 

On 4 Oct 11, the applicant was notified that his entitlement to 
ACIP was projected to change from “continuous entitlement” to 
“terminated” based on his reaching 18 YAS. 

 

On 17 Nov 11, the applicant’s request for a waiver of the 120 
months OFDA requirement was denied. In accordance with AFI 11-
401, Aviation Management, paragraph 2.6.5, individuals who 
voluntarily turn down a flying opportunity or elect to move to a 
non-flying position which would preclude the possibility of 
meeting OFDA requirements are not eligible for OFDA waivers. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the Air Force office of 
primary responsibility (OPR) which is at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ USAF/A30-AI recommends denial, indicating there is no evidence 
of an error or injustice. While the applicant claims he lost one 


month of flying credit in 1996 due to squadron policy, weather, 
and maintenance, granting his request would be contrary to the 
provisions of the Aviation Career Improvement Act (ACIA) of 1989 
which authorized the Secretary of the Air Force to waive OFDS 
requirements based on the needs of the service, for rated officers 
unable to meet flying gate requirements due to reasons beyond 
their control. In Nov 06, the applicant, while filling a part 
time ANG tanker pilot position, volunteered for a 10-month non-
flying assignment to teach strategy at the School of Advanced Air 
and Space Studies (SAASS), which placed him on fulltime ANG duty. 
His next assignment was as a professor of Strategic Studies – 
another non-flying position at the same AFB. He accepted another 
non-flying assignment to the Pentagon as Air Legislative Liaison 
staff where he is currently stationed. 

 

The applicant has not provided evidence of an error or injustice 
that prevented him from meeting established requirements for 
continuous entitlement to flight pay or from meeting the OFDA 
requirements within the time period specified by public law to do 
so. He was never denied the opportunity to seek another flying 
assignment and granting his request, thus entitling him to flight 
pay through 22 YAS, is contrary to public law established in the 
ACIA of 1989. 

 

A30-AI’s complete evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He notes the opinions’ statement that he has not shown he was the 
victim of an error or injustice and accepts that he could have re-
arranged his career to take less advantageous positions in the Air 
Force. But this assumes he knew ahead of time how things would 
play out over the ensuing years. 

 

The applicant contends the advisory opinion does not address the 
basis of his claim which is that he was denied on month of OFDA 
credit due to factors which fair and proper administration of the 
flying program would not allow for. He faces a heavy penalty for 
an oversight in flight management by captains and majors in his 
squadron years ago. 

 

He is not asking for an exception to the statute – which he knows 
is impossible - but he does ask for an exception to an Air Force 
Instruction due to error or injustice, which would then qualify 
him under the statute. 

 

The applicant’s complete response is at Exhibit D. 

 

_________________________________________________________________ 

 

 

 


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. The applicant 
contends that he was precluded from being credited for a month of 
operational flying in 1996, which resulted in his failure to 
attain the requisite 120 months of operational flying to continue 
to be eligible for flight pay and ACIP beyond 2012. While the 
applicant provides a statement from a fellow pilot supporting his 
contention that squadron policies, weather, and maintenance issues 
precluded him from being credited for a month of operational 
flying duty in 1996, we are not convinced that his failure to 
attain the requisite 120 months of operational flying duty for his 
continued entitlement to flight pay and ACP was due to 
circumstances that were beyond his control. In this respect, we 
note the comments of the Air Force OPR indicating the applicant 
volunteered to perform extended active duty where he was assigned 
to a series of non-flying positions and continues to serve on EAD 
to this day. In response, the applicant concedes that had he 
known how things would play out over the ensuing years, he could 
have taken less desirable positions, thus preserving his 
entitlement to flight pay and ACP beyond 18 years of service. 
While the position the applicant now finds himself in is 
regrettable, we are not persuaded that it is due to an error on 
part of the Air Force. Even accepting that he lost a month or 
more of flying credit, in our view, he did not exercise reasonable 
diligence in taking action to meet the requirement for 
continuation of his entitlement to flight pay and aviation 
continuation pay. Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief sought 
in this application. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel will 
materially add to our understanding of the issue(s) involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2011-04772 in Executive Session on 24 May 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 23 Nov 11, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AF/A30-AI, dated 10 Jan 12. 

 Exhibit C. Letter, SAF/MRBR, dated 24 Feb 12. 

 Exhibit D. Letter, Applicant, dated 15 Mar 12. 

 

 

 

 

 

 Panel Chair