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.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was eligible but not offered the four-year FY10 ACP agreement
or the $100,000 bonus due to a wing hiring policy. However, he
expected that he would be later offered four-year orders along
with the bonus. He applied for the four-year ACP; it was
approved, but later denied because of changes in the ACP rules
which only allow those with less than fourteen years of service
to be eligible. His total active federal military service date
exceeded the eligibility by two months and nine days. As a
result, he is receiving $40,000 less than his counterparts
because of the change in ACP rules.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Air National Guard
(ANG) in the grade of major (0-4).
On 15 July 2010, the applicant signed a FY10 Pilot Aviator
Continuation Pay (ACP) Statement of Understanding indicating he
understood the effective date of the agreement was 15 July 2010
with a tour service commitment of 2 to 4 years.
On 15 July 2010, the agreement was approved by competent
authority authorizing the applicant two annual payments of
$15,000.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PF recommends denial, indicating that in accordance with
the statutory tour service commitment established under the
applicants Pilot ACP agreement, his ACP was established for the
period of time he had orders in hand. The applicant applied and
was approved for a two-year agreement which coincided with the
effective date of his orders, 15 July 2010 through 14 July 2012.
Although the applicant expected to be eligible for a four-year
agreement at a later time, his personal qualifications and
certain changes that were made to the ANG policy, caused him to
be ineligible for a new four-year agreement at the termination
of his initial orders. The policy was changed in FY11 to better
meet the needs of the Air National Guard rated force and respond
to the fiscal constrains that the Air Force and Air National
Guard were under. Furthermore, ACP is not an entitlement and
may be discontinued or amended at any time based on the needs of
the Air National Guard. It is impossible to compare the
applicants eligibility to other ACP recipients because each ACP
case is adjudicated on its own merits and eligibility is based
on the individual facts presented in each specific case. In the
case of the applicant, he may be eligible for a shorter
agreement and, if so, he is encouraged to apply.
A complete copy of the NGB/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 9 November 2012 for review and comment within 30
days. As of this date, no response has been received by this
office (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 an error or injustice. We took
notice of the applicants 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
(OPR) and adopt its 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 to recommend granting the relief sought in this
application.
________________________________________________________________
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-2012-03788 in Executive Session on 23 May 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 August 2012, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PF, dated 3 October 2012,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 9 November 2012.
Panel Chair
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 | CY2013 | BC 2013 01738
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 | CY2011 | BC-2011-02234
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. 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 | CY2014 | BC 2014 00915
Backdating an ACP agreement essentially offers an incentive to an officer for a decision he has already made and provides a retention bonus for a period of service already served. In accordance with ANGI 36-101, Air National Guard Active Guard Reserve (AGR) Program, chapter 6, paragraph 6.1, this order is considered probationary. Paragraph 2.2.1 of the ANG FY 2013 ARP Policy states that members on probationary tours must have orders in hand that cover the entire length of the agreement at...
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 | CY2012 | BC-2012-04059
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. The complete NGB/A1PF evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He was under the impression that ACP was not authorized at the time he signed his contract only due to Congressional...
AF | BCMR | CY2014 | BC 2014 00946
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00946 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Aviator Retention Pay (ARP) eligibility date of 7 Jun 13 be changed to 1 Feb 13 to make him eligible for a four-year Air National Guard (ANG) Fiscal Year (FY) 2013 ARP Agreement. Furthermore, because the decision whether or not to offer ACP in any given year is entirely at the discretion of the Secretary, any...
AF | BCMR | CY2013 | BC-2012-04161
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 attached at Exhibits B and D. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PF recommends approval. While we note the comments of the SAF/MRB Legal Advisor indicating an applicant must prove by sufficient evidence that he or she is the victim of a serious injustice not...
AF | BCMR | CY2013 | BC 2012 04161
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 attached at Exhibits B and D. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PF recommends approval. While we note the comments of the SAF/MRB Legal Advisor indicating an applicant must prove by sufficient evidence that he or she is the victim of a serious injustice not...
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. ...