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 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 captain (0-3).
On 9 Mar 12, a NGB 336, Air National Guard Order Application Request, was initiated for the applicants 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.
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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.
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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).
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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 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 applicants 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.
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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
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