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AF | BCMR | CY2013 | BC 2013 05602
Original file (BC 2013 05602.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05602
			COUNSEL:  NONE
	  		HEARING DESIRED:  NO
  
________________________________________________________________

APPLICANT REQUESTS THAT:

His Aviator Retention Pay (ARP) agreement eligibility effective 
date be changed to 2 Feb 13 instead of 27 Aug 13.

________________________________________________________________

APPLICANT CONTENDS THAT:

The Air National Guard (ANG) FY13 ARP program policy was not 
released until 7 Jun 13 and the FY13 National Defense 
Authorization Act (NDAA) does not permit back dating of his ARP 
contract before 7 Jun 13.

In support of his request, the applicant provides copies of his 
FY13 ARP Statement of Understanding (SOU), Active Guard Reserve 
(AGR) orders and a letter from the Director of Staff, Joint 
Forces Headquarters, Oregon National Guard (JFHQ-OR-AC/DS).

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a member of the Oregon Air National Guard 
(OANG) and he is currently serving on an AGR tour.

According to Special Order A-Y000074 dated 14 Jan 13, the 
applicant was placed on an AGR continuation tour for the period 
of 3 Feb 13 through 31 Jan 17.  

The applicant’s ARP agreement is for the period of 27 Aug 
13 through 26 Aug 17.  In a letter dated 26 Aug 13, JFHQ-OR-
AC/DS states the applicant will be issued follow-on orders upon 
completion of his current tour to fulfill his Active Duty 
Service Commitment (ADSC) for ARP.  

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

________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1PF recommends approval of the applicant’s request.  Upon 
review of his application, A1PF concluded that he should be 
permitted to adjust the effective date of his current FY13 ARP 
agreement from 27 Aug 13 to 2 Feb 13.  This adjustment would not 
change the annual amount ($15,000 per year) nor would it create 
additional payments.  It would simply change the effective date 
of future anniversary payments and the value of the final 
payment.  The effective dates for ARP would be changed with 
Defense Finance and Accounting Service (DFAS) to 2 Feb 13 thru 
1 Feb 17 and the final payment would be recomputed to reflect 
the new period of eligible service.  

The complete A1PF evaluation is at Exhibit B. 

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 14 Feb 14, the copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days (Exhibit 
C).  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.  We note 
that AIPF recommends approval, stating that the adjustment would 
not change the annual amount nor would it create additional 
payments.  However, in view of the fact the Secretary of the Air 
Force (SecAF) has determined that any delay in the approval of 
the ARP program for a given year cannot become the basis for a 
retroactive recovery, and because this Board acts on behalf of 
the SecAF in these matters, we are not persuaded the applicant 
is the victim of an error or injustice.  Therefore, the 
applicant has failed to sustain his burden of proof that he has 
been the victim of an error or injustice.  In view of the above 
and 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 AFBCMR BC-2013-
05602 in Executive Session on 18 Sep 14, under the provisions of 
AFI 36-2603:

     , Panel Chair
     , Member
     , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Nov 11 [sic], w/atchs.
    Exhibit B.  Letter, NGB/A1PF, dated 23 Jan 14.
    Exhibit C.  Letter, SAF/MRBR, dated 14 Feb 14.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 14, w/atchs.  

							 
 
  

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