RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2013-03525
 					COUNSEL:  NONE
					HEARING DESIRED:  NOT INDICATED 


APPLICANT REQUESTS THAT:

His Aviator Retention Pay (ARP) agreement effective date be 
changed to 13 Feb 13 instead of 7 Jun 13.  


APPLICANT CONTENDS THAT:

The delayed release date of the annual ARP agreement (7 Jun 13) 
voided his only opportunity to apply for the $25,000 yearly bonus.  

He would not be penalized approximately $40,000 over the next four 
years had the agreement been released at the beginning of FY13 as 
in normal years.  

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


STATEMENT OF FACTS:

The applicant is a member of the Air National Guard (ANG).  

According to Special Order AA-0000216 dated 1 Feb 13, he was 
placed on Extended Active Duty (EAD) effective 13 Feb 13 through 
12 Feb 17.  

The applicant’s FY13 ARP Agreement Statement of Understanding 
(SOU) reflects that on 28 Jun 13 he requested Option A, 
$25,000 per year for a 4 year period effective 13 Feb 13 through 
12 Feb 17.  The request was approved by his commander on 6 Mar 14.  

In a letter dated 5 Nov 13, the applicant requested that his case 
be kept open while he submitted the corrected documents to 
NGB/A1PF for further consideration. On 17 Dec 13, SAF/MRBC advised 
the applicant that in order to comply with a statutory mandate to 
process all applications in a more expeditious manner, extensions 
of time to in which to gather more information could not be 
honored.  Therefore, his case was administratively closed.  He was 
informed that his case would be reopened for further processing 
and consideration by the Board upon his request.

On 12 May 14, the Secretary of the Air Force (SecAF) denied relief 
to two applicants making similar arguments to the AFBCMR.  Her 
memorandum stated, in part, that “Aviator Continuation Pay (ACP) 
is an incentive program, not an entitlement.  The intent of 
Congress (and therefore the purpose of the statute) was to provide 
an incentive that would encourage aviation service officers not to 
leave active duty.  Backdating an ACP agreement essentially offers 
an incentive to an officer for a decision he/she has already made 
and provides a retention bonus for a period of service already 
served.  Doing so would depart from the purpose of the statute.  
Furthermore, because the decision whether or not to offer ACP in 
any given year is entirely at the discretion of the Secretary, any 
delay in approval of the program for a given year cannot become 
the basis for a retroactive recovery.”

On 12 Jul 14, SAF/MRBR forwarded the applicant copies of the noted 
SecAF decisions for review and comment within 30 days (Exhibit I).  
As of this date, this office has not received a response. 


AIR FORCE EVALUATION:

NGB/A1PF concluded the applicant is ineligible and should not be 
permitted to request, execute, or be paid for a FY13 ARP agreement 
as the package presented was incomplete.  The documents provided 
do not provide a complete picture of his eligibility.  In order to 
provide a complete package for re-evaluation, documents and/or 
corrections are required.  Should the applicant decide to provide 
the additional documentation listed, A1PF will reassess the case.

A complete copy of the A1PF evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In a letter dated 11 Mar 14, the applicant requested his 
application be re-opened.  He provides the required documentation 
to support his request for FY13 ARP, Option A for four years at 
$25,000 per year effective 13 Feb 13 to 12 Feb 17.   

He provides an NGB/HR exception to policy letter signed by HR and 
his wing commander equivalent (ANGRC/CC) supporting his request to 
grant Option A of the agreement.

He also provides a contingency ARP agreement supporting Option B 
for $15,000 per year effective 21 Jun 13 to 12 Feb 17 should the 
Board not find in his favor of his original request.

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


ADDITIONAL AIR FORCE EVALUATION:

NGB/A1PF recommends approval of the applicant’s request.  Upon 
review, A1PF concluded he should be permitted to request, execute 
and be paid for the FY13 ARP effective 13 Feb 13 through 12 Feb 
17 at $25,000 per year.  

According to Special Order AA-0000216 dated 1 Feb 13, he was 
ordered to duty from 13 Feb 13 through 12 Feb 17.  This period 
would have allowed him to enter into an FY13 ARP agreement In 
Accordance With (IAW) paragraph 2.1 of the Air National Guard 
(ANG) FY13 ARP Policy.  The FY13 ARP policy was delayed until 
7 Jun 13 resulting in the application submission to be delayed.  
This delay prevented him from applying at the beginning of his 
eligibility and was through no fault of his own.  The applicant 
meets all other eligibility requirements.

The complete A1PF evaluation is at Exhibit G.  


APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was provided to the applicant 
on 12 Jul 14 for review and comment within 30 days (Exhibit H).  
As of this date, this office has not received a response.  


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 an error or injustice to warrant 
approval of the applicant’s requests for FY13 ARP Option A or B.   
We note that NGB/AIPF recommends approval of the applicant’s 
request for FY13 ARP Option A ($25,000 per year for four years) 
effective 13 Feb 13 to 12 Feb 17 stating the delay of the FY13 ARP 
policy prevented him from applying at the beginning of his 
eligibility and was through no fault of his own.  We also note the 
applicant requested ARP Option B on 11 Mar 14 with an effective 
date of 21 Jun 13.  However, as noted above, ARP is an incentive 
program, not an entitlement.  The intent of Congress (and 
therefore the purpose of the statute) was to provide an incentive 
that would encourage aviation service officers not to leave active 
duty.  True incentives influence decisions about the future.  
Backdating an ARP 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.  Doing so 
would depart from the purpose of the statute.  Moreover, because 
the decision whether or not to offer ARP in any given year is 
entirely at the discretion of the Secretary, any delay in approval 
of the program for a given year cannot become the basis for a 
retroactive recovery.  Therefore, in the absence of evidence to 
the contrary, we find no basis to recommend granting the requested 
relief.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel will 
materially add to our understanding of the issue involved.  
Therefore, the request for a hearing is not favorably considered. 


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket Number 
BC-2013-03525 in Executive Session on 26 Feb 15 under the 
provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 Jun 13, w/atchs.
	Exhibit B.  Memorandum, NGB/A1PF, dated 9 Sep 13.
	Exhibit C.  Letter, SAF/MRBR, dated 15 Oct 13. 
     	Exhibit D.  Letter, Applicant, dated 5 Nov 13. 
     	Exhibit E.  Letter, SAF/MRBC, dated 17 Dec 13.
    	Exhibit F.  Letter, Applicant, dated 11 Mar 14.
     	Exhibit G.  Memorandum, NGB/A1PF, dated 24 Apr 14.
     	Exhibit H.  Letter, SAF/MRBR, dated 12 Jul 14.
     	Exhibit I.  Letter, SAF/MRBR, dated 12 Jul 14, w/atchs.