RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04570
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
She receive Aviation Continuation Pay (ACP) (now known as Aviator
Retention Pay (ARP)) for Fiscal Year 2012 (FY12), commencing
15 June 2012.
APPLICANT CONTENDS THAT:
When she submitted her request for ACP she was told she did not
meet the criteria. She was denied ACP due to a misunderstanding
of her being in a duties not including flying (DNIF) status when
she entered the Active Guard Reserve (AGR) program in June 2012.
Although she was DNIF, she was medically qualified and therefore
met the criteria to receive ACP. She was qualified for
operational flying duty, receiving aviation career incentive pay
(ACIP)/flight pay, had not been dismissed/discharged, had not been
not retired or separated, was not awaiting a Flight Evaluation
Board (FEB) or medical disqualification, was not pending an
involuntary separation, she had completed her initial
Undergraduate Pilot Training (UPT), had 14 years of aviation
service (YAS) and 15 years total active military service date
(TAFMSD), and was a major.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant was a traditional reservist who entered the AGR
Program on 15 June 2012, in the grade of major (O-4).
The mission of the ACP (ARP) program was to retain qualified
pilots in the Air Force. Under the ACP (ARP) program the service
member can elect to serve for 48 months and receive a yearly
payment of $25,000 or serve 24 to 48 months and receive a yearly
payment of $15,000.
?
According to the FY12 Reserve ACP Program Implementation Message,
pilots must meet the following criteria to be eligible for the ACP
program: 1) be qualified for operational flying duty, 2) entitled
to and receiving ACIP/Flight Pay, 3) have not been dismissed or
discharged, 4) have not retired or separated, 5) are not awaiting
disqualification from an FEB or medical disqualification, 6) have
been involuntarily separated, 7) completed initial UPT service
commitment, 8) have at least 10 and no more than 23 years of
service (YAS), 9) have at least 16 years of total active federal
military service (TAFMS) and 10) are in the grade of lieutenant
colonel or below.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility, which is attached at Exhibit C.
AIR FORCE EVALUATION:
ARPC/DPAA recommends granting the applicants request noting a
review of her records indicates she met all the qualifying
criteria for the ACP (ARP) during the original eligibility period.
A complete copy of the ARFPC/DPAA evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 November 2011 she was diagnosed with a benign brain tumor
and had surgery to remove it on 23 November 2011. On 10 December
2011, she received an offer for an AGR position pending Medical
Qualification. She was unable to accept the position until she
went through an line of duty (LOD) determination and medical
evaluation board (MEB). She was subsequently found medically
qualified but was in a DNIF status until 27 November 2012.
At the time she submitted her signed FY12 ACP contract, a member
of the administrative staff told her she was not eligible due to
her DNIF status. Neither, her squadron, nor the 340th Flying
Training Group administrative staff retained a copy of her signed
FY12 ACP contract. She spoke with a master sergeant who
remembered being told the incorrect information by the 340th
Training Group administrative staff. When she submitted the
signed the ACP contract, her intention was to complete the four-
year service obligation and to receive the yearly bonus.
Her records should be corrected to reflect her ACP contract was
approved on 15 June 2012 and received back pay for the FY12 and
FY13 ACP (ARP).
In support of her response, the applicant provides a supporting
statement from her current commander describing the information
the applicant was provided regarding her eligibility for ACP at
the time she commenced her AGR tour.
The applicants complete response, with attachment, is at
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
she was miscounseled regarding her eligibility for the FY 12 ACP.
We took notice of the applicant's complete submission, to include
her rebuttal, in judging the merits of the case and 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 relief should be granted. In this respect, we
note the statement from the applicants commander attesting to the
fact the applicant was improperly counseled that her duties not
including flying (DNIF) status precluded her from executing an ACP
agreement when she commenced her qualifying active guard/reserve
(AGR) tour. Therefore, we recommend the applicants record 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 her request for a four-year Aviator
Continuation Pay (ACP) contract for the period 15 June 2012
through 14 June 2016 at a rate of $25,000 annually, under the Air
Force Reserve Fiscal Year 2012 ACP program.
The following members of the Board considered AFBCMR Docket Number
BC_2013-04570 in Executive Session on 2 Sep 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 pertaining to AFBCMR Docket Number
BC_2013-04570 was considered:
Exhibit A. DD Form 149, dated 19 Sep 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPAA, dated 24 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Mar 14.
Exhibit E. Letter, Applicant, dated 24 Mar 14, atch.
4
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