RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04058
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His initial aviator continuation pay (ACP) eligibility date be
corrected to reflect 16 November 2011.
________________________________________________________________
APPLICANT CONTENDS THAT:
Due to the delayed release of the program an error in his
records reflect an ACP date of 7 March 2012.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the New York Air National
Guard (ANG) in the grade of Major, 0-4.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PF recommends approval. A1PF states they concluded that
the applicant should be permitted to request, execute, and be
paid for a Fiscal Year (FY) 2012 ACP agreement effective
16 November 2011.
a. According to Special Order A-A000372 dated 27 July 2011,
the applicant was ordered to duty from 22 July 2007 through
21 July 2013. The applicant has a memorandum for record which
states that he will receive follow-on orders when the current
order expires. This period allows him to enter into a 4-year
FY12 ACP agreement per paragraph 2.1 of the Air National Guard
FY12 ACP Policy. However, the release of the FY12 ACP policy
was delayed until 24 February 2012. Because of this delay, the
applicant was unable to submit his application for ACP until
after 24 February 2012 which is outside of the 30-day processing
window allowed per paragraph 1.7.3 of the ANG FY12 ACP Policy.
The delay is through no fault of the applicant and left him
unable to take advantage of the full period of eligibility. The
applicant request his agreement be effective 16 November 2011
through 15 November 2015 for a 4-year agreement payable at
$25.000 per year. The applicant will need to provide copies of
follow-on orders when published but otherwise meets all other
eligibility requirements.
b. The FY12 ANG ACP Policy requires that the member agree in
advance, in writing, to remain on active duty, in aviation
service for at least two years. The applicant would have made
this request but the delay in policy reduced his eligibility
period. Based upon the published policy guidance, the fact that
the applicant met all eligibility requirements and that the
delay in release of the FY12 ACP policy was through no fault of
his, they recommend approval of the applicant's request.
The complete NGB/A1PF evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 9 November 2012 for review and comment within 30
days (Exhibit D). To date, a response has not been received.
________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The AFBCMR Legal Advisor recommends that each case be considered
in executive session regardless of the Air Staff advisory.
Given the purpose of the law authorizing ACP, the Board should
be clear that a given case presents a genuine injustice that
must be remedied before granting applications for retroactive
approval of ACP contracts.
The complete AFBCMR Legal Advisor evaluation is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the additional Air Force evaluation was forwarded to
the applicant on 23 April 2013 for review and comment within 30
days (Exhibit F). To date, a response has not been received.
________________________________________________________________
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 error or injustice warranting
relief. The majority of the Board took notice of the
applicant's complete submission 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 based on the fact the
applicant met all the eligibility requirements and that the
delay in release of the FY12 ACP policy was through no fault of
the applicant, the majority of the Board recommends the
applicants 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 APPLICANT be corrected to show that competent
authority approved his four-year Aviator Continuation Pay (ACP)
contract for participation in the FY12 Air National Guard (ANG)
ACP program; thereby, entitling him to $25,000 per year.
________________________________________________________________
The following members of the Board considered this application
in Executive Session on 6 June 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
By a majority vote, the Board recommended approval of the
application. A Panel Member voted to deny and has submitted a
minority report which is attached at Exhibit G. The following
documentary evidence was considered in AFBCMR Docket Number BC-
2012-04058:
Exhibit A. DD Form 149, dated 7 Mar 2012, w/atchs.
Exhibit C. Letter, NGB/A1PP, dated 5 Sep 2012 w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 9 Nov 2012.
Exhibit E. Letter, AFBCMR Legal Advisor, dated 9 Apr 2012.
Exhibit F. Letter, AFBCMR, dated 23 April 2013.
Exhibit G. Minority Report, dated 25 June 2013.
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