RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-04689

		COUNSEL:  NONE

		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His initial aviator continuation pay (ACP) eligibility date be 
corrected to reflect 1 February 2012.  

________________________________________________________________

APPLICANT CONTENDS THAT:

Due to the delayed release of the  Air National Guard (ANG) FY12 
ACP program he requests his ACP date be corrected.  

In support of his request the applicant submits copies of his 
ACP Agreement, Active Guard Reserve (AGR) Order, Aeronautical 
Order, email correspondence, and supporting documents extracted 
from his military personnel record.  

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Colorado 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 C.  

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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 February 2012.  

	a.  According to Special Order A-9000088 dated 25 Jan 2012, 
the applicant was ordered to duty from 1 Feb 2012 through 
31 Jan 2018.  This period allows him to enter into a 4-year FY12 
ACP agreement effective 1 Feb 2012.  However, the release of the 
FY12 ACP policy was delayed until 24 Feb 2012.  Because of this 
delay, the applicant was not allowed the full 30-day processing 
window per paragraph 1.7.3 of the ANG FY12 ACP Policy.  The 
delay created confusion regarding his eligibility date which 
further delayed his application.  This delay is through no fault 
of his own and the applicant meets all other eligibility 
requirements.  

	b.  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 own, they recommend approval of the applicant's request. 

The complete 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 3 February 2013 for review and comment within 30 
days (Exhibit D).  To date, a response has not been received.  

________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The AFBCMR Legal Advisor recommends that each case be considered 
in “executive session” regardless of the “Air Staff” advisory. 
Given the purpose of the law authorizing ACP, the Board should 
be clear that a given case presents a genuine injustice that 
must be remedied before granting applications for retroactive 
approval of ACP contracts.  

The complete AFBCMR Legal Advisor evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

1.  In his response, the applicant states that he feels it is 
important for the Board to know that when he signed his current 
AGR orders, his AGR advisor told him that he met all eligibility 
requirements, and he would receive the 4-year ACP as an 
incentive for signing his AGR contract.  This was a very large 
incentive for him and his family and part of the reason why he 
chose to accept a full-time military commitment.  He was also 
told that there was a delay with FY 12 ACP (as there had been in 
years past) but that the delay would not have an effect on his 
receiving ACP.  Once the policy was published, they would submit 
the application and he would receive ACP when the paperwork made 
it to NGB for approval.  

2.  He respectfully requests the Board approve his application 
based on the NGB/A1PF advisory which recommends approval and 
states he meets all eligibility requirements.  The applicant 
closes by reiterating that he was told he would receive ACP as 
an incentive to sign his AGR contract and that this incentive 
was an important factor in his decision to accept the AGR 
orders.

The applicant’s complete response is at Exhibit G.  

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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 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 four-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’s AGR advisor told him that he met all eligibility 
requirements, and he would receive the 4-year ACP as an 
incentive for signing his AGR contract and he 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.  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 February 2012 through 
31 January 2016 at a rate of $25,000 annually, under the Air 
National Guard Fiscal Year 2012 ACP program.

The following members of the Board considered this application 
in Executive Session on 11 July 2013, under the provisions of 
AFI 36-2603:

		, Panel Chair
      , Member
		, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-04689:

    Exhibit A.  DD Form 149, dated 19 Sep 2012, w/atchs.
    Exhibit C.  Letter, NGB/A1PP, dated 31 Jan 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Feb 2013.
    Exhibit E.  Letter, AFBCMR Legal Advisor, dated 9 Apr 2012.
    Exhibit F.  Letter, AFBCMR, dated 18 Jun 2013.
    Exhibit G.  Letter, Applicant, dated 20 Jun 2013.




                                   
                                   Panel Chair