Search Decisions

Decision Text

AF | BCMR | CY2013 | BC 2013 01738
Original file (BC 2013 01738.txt) Auto-classification: Approved
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.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He applied for ACP in April 2012 with the expectation of receiving a four-year, full-time duty ANG tour.  An error and delay in processing his application resulted in erroneously receiving a three-year ANG tour for the period of 1 Apr 12 through 31 Mar 15.  Further delays in processing his ANG orders in December 2012 extended beyond FY12, causing him to be ineligible for ACP during that period.  

The applicant’s 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 captain (0-3).  

On 9 Mar 12, a NGB 336, Air National Guard Order Application Request, was initiated for the applicant’s ANG tour for the period of 1 Apr 12 through 31 Mar 16.  

On 28 Mar 12, the applicant was ordered by special order to ANG active guard/reserve (AGR) status for the period of 1 Apr 12 through 31 Mar 15.

On 30 Apr 12, the applicant signed a FY12 Pilot Aviator Continuation Pay (ACP) Agreement Statement of Understanding, indicating he understood the effective date of the agreement was 1 Apr 12 with a tour service commitment of 2 to 4 years.

On 16 Aug 12, the agreement was approved by competent authority authorizing the applicant three annual payments of $15,000 

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.  

________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1PF recommends approval, indicating there is evidence of an error or injustice.  In accordance with Special Order A-V000067, dated 28 Mar 12, the applicant was ordered to duty from 1 Apr 12 through 31 Mar 15.  This period allowed him to enter into a three-year FY12 ACP agreement, effective 1 Apr 12.  However, a review of his complete submission shows there were administrative errors which caused a delay in the submission of his application.  Although the applicant met all eligibility requirements the delay in processing his application caused the error.  Based upon the published policy guidance, the fact that the applicant met all eligibility requirements and that the delay in processing his application was no fault of his own, approval is warranted.  

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 17 Jun 13 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  The applicant contends the delay in processing his application precluded him from being able to execute a three-year ACP agreement even though he was otherwise qualified.  After a thorough review of the evidence of record and the applicant’s complete submission, we 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 is 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 the APPLICANT be corrected to show that competent authority approved his request for an Aviator Continuation Pay (ACP) contract for the period 1 April 2012 through 31 March 2015 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-2013-01738 in Executive Session on 4 Feb 14, 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 28 Feb 13, w/atchs.
	 Exhibit B.  Applicant's Master Personnel Records.
	 Exhibit C.  Letter, NGB/A1PF, dated 4 Jun 13.
	 Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 13




                                   
                                   Panel Chair
3


Similar Decisions

  • AF | BCMR | CY2012 | BC-2012-04460

    Original file (BC-2012-04460.txt) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: He was eligible to receive ACP in FY12; however, the message authorizing ACP was not released until 24 Feb 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. He realized that there would be a delay in the FY11 [sic] ACP, but it would...

  • AF | BCMR | CY2012 | BC-2012-04059

    Original file (BC-2012-04059.txt) Auto-classification: Approved

    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 00960

    Original file (BC 2014 00960.txt) Auto-classification: Denied

    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. Paragraph 2.2.1 of the ANG FY13 ARP Policy states that members on probationary tours must have orders in hand that cover the entire length of the agreement at the time of their application. The applicant was eligible for a FY13 ARP Agreement that covers the period 7 Jun 13 through 31 Jan 17 at $15,000 per year...

  • AF | BCMR | CY2012 | BC-2012-02941

    Original file (BC-2012-02941.txt) Auto-classification: Approved

    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. 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 BOARD RECOMMENDS THAT: The...

  • AF | BCMR | CY2012 | BC-2012-04089

    Original file (BC-2012-04089.txt) Auto-classification: Approved

    ________________________________________________________________ APPLICANT CONTENDS THAT: The delayed release of the Air National Guard (ANG) FY12 ACP policy guidance resulted in him not being allowed to renew his ACP agreement in time to qualify for a two-year agreement. 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 and are attached at Exhibits C and...

  • AF | BCMR | CY2012 | BC-2012-04689

    Original file (BC-2012-04689.txt) Auto-classification: Approved

    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. 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,...

  • AF | BCMR | CY2012 | BC-2012-04502

    Original file (BC-2012-04502.txt) Auto-classification: Approved

    ________________________________________________________________ APPLICANT CONTENDS THAT: He was the victim of an injustice because the Air Force did not release the FY12 ACP Program in time for FY12. Because of the delay in the release of the FY12 ACP Program, when the program was implemented he no longer had the minimum agreement period of two-years remaining on his orders to receive ACP. Given that the applicant was a fully qualified member of a career field which the Air...

  • AF | BCMR | CY2013 | BC-2012-04058

    Original file (BC-2012-04058.txt) Auto-classification: Approved

    This period allows him to enter into a 4-year FY12 ACP agreement per paragraph 2.1 of the Air National Guard FY12 ACP Policy. 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 request. The majority of the Board took notice of the applicant's complete submission in judging the merits of the case and agree with the...

  • AF | BCMR | CY2013 | BC 2012 04158

    Original file (BC 2012 04158.txt) Auto-classification: Approved

    Based upon the published policy guidance, the fact that he met all eligibility requirements and that the delay in release of the FY12 ACP policy was through no fault of the member, we recommend approval of the above member's request. To date, a response has not been received (Exhibit C). Exhibit C. Letter, SAF/MRBR, dated 1 October 2012.

  • AF | BCMR | CY2013 | BC-2012-04158

    Original file (BC-2012-04158.txt) Auto-classification: Approved

    Based upon the published policy guidance, the fact that he met all eligibility requirements and that the delay in release of the FY12 ACP policy was through no fault of the member, we recommend approval of the above member's request. To date, a response has not been received (Exhibit C). Exhibit C. Letter, SAF/MRBR, dated 1 October 2012.