RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02941
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His initial aviator continuation pay (ACP) eligibility date be
corrected to reflect 1 January 2012.
________________________________________________________________
APPLICANT CONTENDS THAT:
The SAF/MR policy approval date unintentionally excluded his
fiscal year (FY) 2012, 2-year ACP agreement eligibility.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Georgia Air National
Guard (ANG) in the grade of Major, 0-4.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit B. Accordingly there is no need to
recite these facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PF recommends approval. A1PF states they concluded that
the applicant should be permitted to request, execute, and be
paid for a Fiscal Year (FY) 2012 ACP agreement effective
1 January 2012 through 31 December 2013.
a. According to Special Order A-XXXXXXX dated 11 January 2012,
the applicant was ordered to duty from 01 January 2012 through
31 December 2013. This period allowed him to enter into a 2-
year FY12 ACP agreement per paragraph 2.1 of the Air National
Guard FY12 ACP Policy. However, the release of the FY12 ACP
policy was delayed until 24 February 2012. Because of this
delay, the applicant was unable to submit his application for
ACP until after 24 February 2012 which is outside of the 30-day
processing window allowed per paragraph 1.7.3 of the ANG FY12
ACP Policy. This delay also made the applicant ineligible
because he no longer had the minimum agreement period of 2 years
remaining on his order. The delay is through no fault of the
applicant and prevented him from applying. The applicant meets
all other eligibility requirements.
b. The FY12 ANG ACP Policy requires that the member agree in
advance, in writing, to remain on active duty, in aviation
service for at least two years. The applicant would have made
this request effective 1 January 2012 but the delay in policy
made him ineligible to do so. Based upon the published policy
guidance, the fact that the applicant met all eligibility
requirements and that the delay in release of the FY12 ACP
policy was through no fault of his, they recommend approval of
the applicant's requests.
The complete NGB/A1PF evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 9 November 2012 for review and comment within 30
days (Exhibit C). To 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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
relief. We took notice of the applicant's complete submission
in judging the merits of the case and 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 has been the victim of an error or injustice.
Therefore, we recommend the applicants records be corrected to
the extent indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that he
submitted a two-year Aviator Continuation Pay (ACP) contract for
participation in the FY12 Air National Guard (ANG) ACP program;
thereby, entitling him to $15,000 per year, and competent
authority approved his application effective 1 January 2012.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 14 March 2013, under the provisions of
AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2012-02941:
Exhibit A. DD Form 149, dated 27 April 2012, w/atchs.
Exhibit B. Letter, NGB/A1PP, dated 4 October 2012 w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 9 November 2012.
Vice Chair
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for
Correction of Military Records and under the authority of Section 1552, Title 10, United States
Code it is directed that:
The pertinent military records of the Department of the Air Force relating to, be corrected
to show that he submitted a two-year Aviator Continuation Pay (ACP) contract for participation
in the FY12 Air National Guard (ANG) ACP program, thereby entitling him to $15,000 per year,
and competent authority approved his application effective 1 January 2012.
Director
Air Force Review Boards Agency
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