RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02475
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be eligible for Aviator Continuation Pay (ACP) for Fiscal
Years (FY) 2010 and 2011.
________________________________________________________________
APPLICANT CONTENDS THAT:
Although he served as a Traditional Guardsman on active duty
orders for two consecutive years, he was never offered, nor
received ACP for FY 2010 and FY 2011. His servicing military
personnel flight determined ACP was only available for members
on calendar year orders and he was not eligible for ACP because
he was on FY orders. However, he believes ACP was available for
members who also served for 365 days on an FY basis.
In support of his request, the applicant provides copies of his
DD Form 214, Certificate of Release or Discharge from Active
Duty and numerous special orders.
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.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PF recommends denial. A1PF states that the applicant is
ineligible and should not be permitted to request, execute, or
be paid for a FY 2010 Aviator Retention Pay (ARP) Agreement.
According to the FY 2010 Air National Guard ACP Policy,
paragraph 2.1.2, each aviator must: "be on orders for a minimum
term of two years continuous duty under one continuous order
(compiling multiple orders or amendments to reach the mandatory
two-year term, is not authorized and exceptions to this policy,
regardless of reason, are not authorized and will not be
granted)." While the applicant has presented multiple sets of
orders to cover the time period requested, they are dated after
the effective date of 1 Oct 2009. Therefore, he did not meet
the intent of the paragraph above and is ineligible to apply for
ARP.
The complete A1PF evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 8 Nov 2013, a copy of the Air Force evaluation was forwarded
to the applicant 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, 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 the applicant has not
been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
?
The following members of the Board considered this application
in Executive Session on 4 and 5 Mar 2014, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-02475:
Exhibit A. DD Form 149, dated 15 May 2013, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, NGB/A1PF, dated 9 Jul 2013.
Exhibit D. Letter, SAF/MRBR, dated 8 Nov 2013.
Panel Chair
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