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AF | BCMR | CY2012 | BC-2012-04460
Original file (BC-2012-04460.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04460 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He receive Aviator Continuation Pay (ACP) for 2-years beginning 
Fiscal Year 2012 (FY12) – 1 Oct 11. 

 

_________________________________________________________________ 

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, a copy of his special order, and a 
copy of his Individual Data Summary. 

 

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 major. 

 

The applicant’s FY12 Navigator and Combat System Operator Aviator 
Continuation Pay (ACP) Agreement Statement of Understanding, 
dated 26 Mar 12, reflects he elected Option B - $15,000/Yr, 
effective 1 Oct 11. 

 

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 made him ineligible because he no longer 
had the minimum agreement period of 2 years remaining on his 
order. He meets all other eligibility requirements and has 
provided the required documentation to show his eligibility. 

 

The complete NGB/A1PF evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

When he signed the ACP paperwork he was promised that he would be 
awarded the ACP, which was a big incentive and one of the reasons 
he signed the contract that he did. He understood the contract 
and understood that he was eligible for ACP. He realized that 
there would be a delay in the FY11 [sic] ACP, but it would not 
have an effect on him receiving the incentive pay. He 
respectfully requests to be paid the ACP that was guaranteed to 
him. 

 

The applicant’s complete submission is at Exhibit F. 

 

_________________________________________________________________ 

 

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 on 1 October 
2011, he submitted an Aviator Continuation Pay (ACP) agreement 
effective 1 October 2011 through 30 September 2013, thereby 
entitling him to $15,000 per year for the length of the agreement 
and that competent authority approved his application effective 
1 October 2011. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-04460 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 12 Mar 12, w/atchs. 

 Exhibit C. Letter, NGB/A1PF, dated 10 Jan 13. 

 Exhibit D. Letter, SAF/MRBR, dated 21 Jan 13. 

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

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

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

 

 

 

 

 

 Panel Chair 



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