RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00616
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The start date for his Fiscal Year (FY) 2013 Aviator Retention
Pay (ARP) agreement be changed from 7 June 2013 to 1 April 2013.
APPLICANT CONTENDS THAT:
He was eligible for the FY 2013 ARP on 1 April 2013; however due
to the delay of the 2013 ARP guidance release, he was unable to
sign a contract until 7 June 2013. The delay was not his fault;
therefore, he is entitled to the prorated amount of $2,794.52.
In support of his request, the applicant provides copies of his
FY 2013 ARP Case Management Checklist, ARP Agreement/Statement
of Understanding (SOU), orders, FY 2009 Pilot Aviator
Continuation Agreement and various other documents associated
with his request.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to Special Order A-0000023 dated 21 February 2013, the
applicant was ordered to active duty from 1 April 2013 through
31 March 2017.
The applicant is currently serving in the Air National Guard
(ANG) in the grade of major.
On 12 May 2014, the Secretary of the Air Force (SecAF) denied
relief to two applicants making similar arguments to the Air
Force Board for Correction of Military Records (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 SecAF, any delay in approval for the program for a given
year cannot become the basis for a retroactive recovery.
On 12 July 2014, the AFBCMR staff forwarded the applicant a copy
of the noted SecAF decision for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit E).
AIR FORCE EVALUATION:
NGB/A1PF recommends approval. The applicant should be permitted
to adjust the effective date of his current FY 2013 ARP
Agreement from 7 June 2013 to 1 April 2013. This adjustment
would not change the annual amount ($15,000/year). It would add
the period 1 April 2013 to 6 June 2013, the period he was not
able to submit his application due to the delay in the FY
2013 Policy release. The adjustment is to the start date only.
Accordingly, the effective dates would be changed to 1 April
2013 to 8 July 2016 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 10 April 2014, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit C).
ADDITIONAL AIR FORCE EVALUATION:
After querying the Air Force Office of Primary Responsibility
(OPR) regarding the applicants case, NGB/A1PF stated that in
light of the SecAFs overturn decision, their recommendation
would be to deny the applicants request to change the start of
his ARP.
APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:
On 20 March 2015, a summary of the communication between the
AFBCMR and NGB/A1PF was forwarded to the applicant for review
and comment within 30 days. As of this date, no response has
been received by this office (Exhibit F).
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 injustice. We note that in
light of the SecAFs decision to deny relief to two applicants
making similar arguments to the Board, the Air Force OPR
recommended the applicants request be denied. We further note
that ARP 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. True incentives
influence decisions about the future. Backdating an ARP
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 ARP 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. Therefore, in the absence of evidence to
the contrary, we find no basis to recommend granting the
requested relief.
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 this application
in Executive Session on 15 January and 20 April 2015, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00616 was considered:
Exhibit A. DD Form 149, dated 29 January 2014, w/atchs.
Exhibit B. Letter, NGB/A1PF, dated 10 April 2014.
Exhibit C. Letter, SAF/MRBR, dated 12 July 2014.
Exhibit D. Letters, Secretary of the Air Force, dated
12 May 2014.
Exhibit E. Letter, SAF/MRBR, dated 12 July 2014
Exhibit F. Email, AFBCMR, dated 20 March 2015.
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