RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04158
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show his eligibility for the Fiscal
Year 2012 (FY12) Air National Guard (ANG) Aviation Continuation
Pay (ACP) program.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was ineligible for the FY12 ACP due to the guidance coming
out late. Current orders cover 1 October 2011 30 September
2013, and he is not authorized to backdate the Statement of
Understanding (contract) to 1 October 2011 per ACP guidance.
The guidance did not come out until 24 February 2012 and he had
been on orders continuously for the past four years; however, he
has been unable to receive his ACP bonus due to funding and
guidance not matching up, even though he has been committed to
serving.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to Special Order A-Q000215 dated 13 September 2011,
the applicant was ordered to duty from 1 October 2011 through
30 September 2013.
On 24 February 2012, the FY12 ACP policy was released.
The additional relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PS recommends approval, stating, in part, 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 made him ineligible. Based upon the published policy
guidance, the fact that he met all eligibility requirements and
that the delay in release of the FY12 ACP policy was through no
fault of the member, we recommend approval of the above member's
request.
The applicant was ordered to duty from 01 October 2011 through
30 September 2013. This period would allow him to enter into an
FY12 ACP agreement per paragraph 2.1 of the Air National Guard
(ANG) FY12 ACP Policy. However, the release of the FY12 ACP
policy was delayed until 24 February 2012. Because of these
delays, he was unable to submit his application for ACP until
after 24 Feb 2012 which is outside of the allowed 30 day
processing window per paragraph 1.7.3., of the ANG FY12 ACP
Policy and made him ineligible to apply. The delay was through
no fault of the applicant and left him without the minimum of
2 years on orders required to apply. He meets all other
eligibility requirements.
The complete A1PS evaluation, with attachment, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 1 October 2012 for review and comment within
30 days. To date, a response has not been received (Exhibit C).
________________________________________________________________
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 that the delayed release of the ANG FY 2012
ACP policy unfairly precluded him from being able to execute a
two-year ACP agreement even though he was otherwise qualified.
After a thorough review of the evidence of record and the
applicants complete submission, we believe it is in the
interest of justice to recommend granting the requested relief.
While we note that an applicant must prove by sufficient
evidence that he or she is the victim of a serious injustice not
shared by other, similarly situated officers, it is our opinion
that because the applicant signed the new ACP agreement as soon
as the renewal became available, we find it reasonable to
conclude that he anticipated receiving the incentives outlined
in the agreement. Therefore, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion the
applicant has been the victim of an error or injustice.
Accordingly, we recommend his records 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 his request for an Aviator
Continuation Pay (ACP) contract for the period 1 October 2011
through 30 September 2013 at a rate of $15,000 annually, under
the Air National Guard Fiscal Year 2012 ACP program.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04158 in Executive Session on 2 July 13, under
the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 March 2012, w/atchs.
Exhibit B. Letter, NGB/A1PF, dated 28 August 2012.
Exhibit C. Letter, SAF/MRBR, dated 1 October 2012.
Panel Chair
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Based upon the published policy guidance, the fact that he met all eligibility requirements and that the delay in release of the FY12 ACP policy was through no fault of the member, we recommend approval of the above member's request. To date, a response has not been received (Exhibit C). Exhibit C. Letter, SAF/MRBR, dated 1 October 2012.
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