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AF | BCMR | CY2013 | BC-2012-04161
Original file (BC-2012-04161.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04161 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His initial eligibility and start date for Aviator Continuation 
Pay (ACP) be 1 October 2011. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The delayed release of the Air National Guard (ANG) Fiscal Year 
ACP policy guidance resulted in him not being allowed to renew 
his ACP agreement in time to qualify for a three-year agreement. 

 

In support of his request, the applicant provides a copy of his 
FY 2012 Pilot ACP Agreement Statement of Understanding and 
numerous other documents in support of his request. 

 

His complete submission, with attachments, is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 14 September 2011, the applicant was ordered to active duty 
from 1 October 2011 through 30 September 2014. This period 
authorized him to enter into a three-year FY 2012 ACP agreement; 
however, the release of the new FY 2012 policy was delayed until 
24 February 2012. 

 

The remaining relevant facts pertaining to this application are 
described in the letters prepared by the Air Force office of 
primary responsibility and SAF/MRB Legal Advisor attached at 
Exhibits B and D. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/A1PF recommends approval. A1PF states that based upon the 
published policy guidance, the fact that the applicant met all 
eligibility requirements and that the policy delay was through 
no fault of his own, they recommend approval of the applicant’s 
requests. 

 

The complete A1PF evaluation is at Exhibit B. 


The SAF/MRB Legal Advisor states that the Board has the 
authority to correct the record to show acceptance by the 
Secretary of a valid ACP contract signed by the applicant on a 
date that would capture the whole period of eligibility; 
however, the Board should be very cautious about granting such 
applications. To warrant relief, the applicant must prove by 
sufficient evidence that he or she is the victim of a serious 
injustice not shared by other, similarly situated officers. 
Because it is impossible to execute incentives for past conduct, 
backdating ACP agreements violates the intent of Congress in 
authorizing ACP payments in the first place. However, due to 
the almost perpetual expectation that ACP will continue to be 
provided to Air Force pilots, many officers may develop an 
erroneous expectation that ACP is actually an entitlement versus 
an incentive. Conceivably, the Board may find this belief 
sympathetic and grant relief based on injustice, if that belief 
led to an active service commitment. Every case must be 
considered on its own facts and these facts require deliberation 
by the AFBCMR panels. As in all cases, the burden of proof 
remains with the applicant. 

 

The complete A1PF evaluation is at Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 1 October 2012 and 28 May 2013, copies of the Air Force 
evaluation and SAF/MRB Legal Advisory were respectively 
forwarded to the applicant for review and comment within 
30 days. As of this date, no response has been received by this 
office (Exhibits C and 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. The 
applicant contends that the delayed release of the ANG FY 2012 
ACP policy unfairly precluded him from being able to execute a 
three-year ACP agreement even though he was otherwise qualified. 
After a thorough review of the evidence of record and the 
applicant’s complete submission, we believe it is in the 
interest of justice to recommend granting the requested relief. 
While we note the comments of the SAF/MRB Legal Advisor 
indicating 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 the opinion of the 


Board, 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 2014 at a rate of $15,000 annually, under 
the Air National Guard Fiscal Year 2012 ACP program. 

 

________________________________________________________________ 

 

The following members of the Board considered this application 
in Executive Session on 2 July 2013, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the record as recommended. The 
following documentary evidence was considered in AFBCMR BC-2012-
04161: 

 

 Exhibit A. DD Form 149, dated 27 March 2012, w/atchs. 

 Exhibit B. Letter, NGB/A1PF, dated 28 August 2012, w/atch. 

 Exhibit C. Letter, SAF/MRBR, dated 1 October 2012. 

 Exhibit D. Letter, SAF/MRB, dated 9 April 2013. 

 Exhibit E. Letter, AFBCMR, dated 28 May 2013. 

 

 

 

 

 

 Panel Chair 



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