RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04106
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be approved for Aviator Retention Pay (ARP) effective 1 Aug
12.
APPLICANT CONTENDS THAT:
The delay of his ARP application was out of his control. He was
a new accession and the commander did not see his ARP
application until 9 months after his eligibility.
On 28 Jan 14, he amended his application to state that due to
the lag time of the service date verification (120 days from
accession on statutory tour), his ARP agreement did not get
approved until May 13. It was out of his control to expedite
the process allowing for payment within the agreement year.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to Special Order AA-0000306 dated 31 May 12, the
applicant was placed on Extended Active Duty (EAD) for the
period of 1 Aug 12 through 31 Jul 16.
According to his FY12 ARP Agreement Statement of Understanding
(SOU), on 2 Aug 12, he requested Option B, 2-4 years with
payment of $15,000 annually for the period of 1 Aug 12 through
31 Jul 16. His ARP application was approved on 30 May 13. Per
the SOU, Item 3, Note 2, agreement length cannot exceed 18 years
Total Active Federal Military Service (TAFMS). The applicants
TAFMS is 30 Jun 97.
AIR FORCE EVALUATION:
NGB/A1PF recommends approval of the applicants request that he
be permitted to request, execute and be paid for FY12 ARP
agreement effective 1 Aug 12 through 30 Jun 15 at $15,000 per
year. The applicant was ordered to active duty from 1 Aug
12 through 31 Jul 16 and this period would have allowed him to
enter into an FY12 ARP agreement. However, due to substantial
administrative delays he was unable to submit his ARP
application until after May 13. Except for this delay, the
applicant meets all other eligibility requirements.
The complete copy of the A1PF evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He started a new statutory tour on 1 Aug 12 and became eligible
for the four year FY12 ARP program. According to NGB/HR, as a
new accession it took until May 13 for eligibility data
verification. NGB/HR worked with him to submit his application
to the Board explaining his eligibility start date was 1 Aug 12.
He is hoping to gain clarity and resolution as it seems like a
simple eligibility date clarification.
The applicants completion submission is at Exhibit E.
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 to warrant
relief. As pointed out by the Air Force Office of Primary
Responsibility (OPR), the applicants submission for an FY12 ARP
agreement was substantially delayed due to administrative
reasons beyond his control. Therefore, we agree with the
opinion and recommendation of the Air Force OPR and adopt its
rationale as the basis for our conclusion the applicant has been
the victim of an error or injustice. Therefore, in the interest
of justice we recommend the applicant's records be corrected to
the extent 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 his
request for an Aviator Retention Pay (ARP) contract was approved
for the period of 1 Aug 12 through 30 Jun 15 at a rate of
$15,000 annually, under the Air National Guard Fiscal Year
2012 ARP program.
The following members of the Board considered AFBCMR Docket
Number BC-2013-04106 in Executive Session on 20 Jan 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as indicated. The
following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 9 Jul 13 and 28 Jan 14,
w/atchs.
Exhibit B. Memorandum, NGB/A1PF, dated 5 May 14.
Exhibit C. Letter, SAF/MRBR dated 28 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jun 14, w/atchs.
Exhibit E. E-mail, Applicant, dated 1 Dec 14.
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