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AF | BCMR | CY2012 | BC-2012-04059
Original file (BC-2012-04059.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04059 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He receive Aviator Continuation Pay (ACP) for Fiscal Year 2012 
(FY12), specifically 1 January 2012 through 11 October 2014 in 
the amount of $15,000 per year. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was eligible to receive ACP in FY12; however, the message 
authorizing ACP was not released until 24 Feb 12. 

 

In support of his request, the applicant provides a copy of a 
letter from NGB/A1PF, a copy of his FY12 Navigator and Combat 
System Operator Aviator Continuation Pay (ACP) Agreement 
Statement of Understanding, copies of his special and 
aeronautical orders, a copy of his Individual Data Summary, a 
copy of his ACP eligibility spreadsheet, and a copy of his Pilot 
Aviator Continuation Pay Agreement. 

 

His 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 lieutenant colonel. 

 

The applicant’s FY12 Navigator and Combat System Operator Aviator 
Continuation Pay (ACP) Agreement Statement of Understanding, 
dated 18 Apr 12, reflects he elected Option B - $15,000/Yr, 
effective 1 Jan 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. The release of the FY12 ACP policy 
was delayed until 24 Feb 12 and the applicant was not able to 
submit his application for ACP until after 24 Feb 12, which was 
outside the 30-day processing window that is allowed per the 
governing ANG FY12 ACP Policy. This delay was through no fault 
of the applicant’s and he meets all other eligibility 
requirements. The applicant provides the required documentation 
to show his eligibility. 

 

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 funding; 
however, once FY12 ACP was approved he would begin receiving the 
incentive pay (after submitting a request for correction of 
records). He was told that this had been done in the past and 
other officers in his Wing are in the same situation. The 
officers affected by the delayed ACP approval also had to submit 
a request for correction of records. Also attached is the e-mail 
history from what transpired at that time. 

 

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

 

_________________________________________________________________ 

 

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 an error or injustice. The 
applicant contends the delayed release of the Air National Guard 
(ANG) FY12 ACP policy unfairly precluded him from being able to 
execute a two-year ACP agreement even though he was otherwise 
qualified. After a thorough review of the evidence of record and 
the applicant’s complete submission, including his rebuttal 
response, we believe it is in the interest of justice to 
recommend granting the requested relief. 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 shared by other, similarly situated 
officers, it is the opinion of the Board, that because the 


applicant signed the new ACP agreement as soon as the renewal 
became available, we find it reasonable to conclude that the 
applicant anticipated receiving the incentives outlined in the 
agreement. In this respect, 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 the applicant has been the victim of an error or 
injustice. Therefore, we recommend his records be corrected as 
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 competent 
authority approved his request for an Aviator Continuation Pay 
(ACP) contract for the period 1 January 2012 through 11 October 
2014 at a rate of $15,000 annually, under the Air National Guard 
Fiscal Year 2012 ACP program. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-04059 in Executive Session on 27 Jun 13, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 14 Apr 12, w/atchs. 

 Exhibit C. Letter, NGB/A1PF, dated 28 Aug 12. 

 Exhibit D. Letter, SAF/MRBR, dated 9 Nov 12. 

 Exhibit E. Letter, SAF/MRB, dated 9 Apr 13. 

 Exhibit F. Letter, AFBCMR, dated 11 Jun 11. 

 Exhibit G. Email Communications, Applicant, dated 18 Jun 13. 

 

 

 

 

 

 Panel Chair 



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