Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 00915
Original file (BC 2014 00915.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00915
		COUNSEL:  NONE
	 	HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

He be permitted to initiate a four year contact for Aviator 
Retention Pay (ARP) for Fiscal Year (FY) 2013 with initial 
eligibility and start date of 1 February 2013.


APPLICANT CONTENDS THAT:

The delayed release of the Air National Guard (ANG) FY 2013 ARP 
policy guidance only makes him eligible for the smaller incentive 
rate valued at $15,000 per year, pro-rated for 43 months instead 
of an incentive rate of $25,000 per year for 48 months.  The FY 
2013 ARP program, unlike the FY 2012 Aviator Continuation Pay 
(ACP) program, does not allow for back-dating of contracts to the 
date of orders issued, nor does it allow extending current orders 
for those members on probationary tours.

In support of his request, the applicant provides a personal 
statement, copies of his FY 2013 ARP Agreement Statement of 
Understanding (SOU), orders, ANG FY 2013 Implementation Policy, FY 
2012 Pilot ACP Agreement SOU, memorandums and various other 
documents related to his request.

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


STATEMENT OF FACTS:

According to Special Order A-X000122 dated 22 January 2013, the 
applicant was ordered to active duty from 1 February 2013 through 
31 January 2017.

The applicant is currently serving in the Air National Guard (ANG) 
in the grade of major.

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 for the program for a given year cannot become 
the basis for a retroactive recovery” (Exhibit C).

On 27 June 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 D).


AIR FORCE EVALUATION:

NGB/A1PF recommends denial.  The ANG FY 2013 ARP policy was 
delayed until 7 June 2013, delaying the submission of his 
application resulting in orders that did not cover the entire 
period of the requested agreement.  ARP is a retention bonus, 
which by nature is an incentive intended to modify an officer's 
future conduct.  Regrettably, it is not possible to execute an 
incentive for past conduct, therefore backdating ARP agreements is 
not in keeping with Congressional intent as authorized by 37 U.S. 
Code § 334 - Special Aviation Incentive Pay and Bonus Authorities 
for Officers.  The applicant did not have sufficient time 
remaining on his orders to support a 4-year ANG FY 2013 ARP 
Agreement.  He was on an “Initial Tour” order from 1 February 
2013 through 31 January 2017.  In accordance with ANGI 36-101, Air 
National Guard Active Guard Reserve (AGR) Program, chapter 6, 
paragraph 6.1, this order is considered “probationary.”  Paragraph 
2.2.1 of the ANG FY 2013 ARP Policy states that members on 
probationary tours must have orders in hand that cover the entire 
length of the agreement at the time of their application.  The 
applicant was eligible for a FY 2013 ARP Agreement that covers the 
period 7 June 2013 through 31 January 2017 at a rate of 
$15,000 per year which he is currently receiving.

The complete copy of the A1PF evaluation is at Exhibit B.


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 27 June 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 
D).


 
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 error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation of 
the Air Force office of primary responsibility and adopt the 
rationale expressed as the basis for our conclusion the applicant 
has not been the victim of an error or injustice.  Therefore, 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 this application in 
Executive Session on 12 February 2015, under the provisions of AFI 
36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence pertaining to AFBCMR BC-2014-
00915 was considered:

      Exhibit A.  DD Form 149, dated 27 February 2014, w/atchs.
      Exhibit B.  Letter, NGB/A1PF dated 7 May 2014. 
      Exhibit C.  Letters, Secretary of the Air Force, dated
                  12 May 2014.
      Exhibit D.  Letters, SAF/MRBR, dated 27 June 2014.


Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 00960

    Original file (BC 2014 00960.txt) Auto-classification: Denied

    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. Paragraph 2.2.1 of the ANG FY13 ARP Policy states that members on probationary tours must have orders in hand that cover the entire length of the agreement at the time of their application. The applicant was eligible for a FY13 ARP Agreement that covers the period 7 Jun 13 through 31 Jan 17 at $15,000 per year...

  • AF | BCMR | CY2014 | BC 2014 00616

    Original file (BC 2014 00616.txt) Auto-classification: Denied

    We note that in light of the SecAF’s decision to deny relief to two applicants making similar arguments to the Board, the Air Force OPR recommended the applicant’s request be denied. 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...

  • AF | BCMR | CY2014 | BC 2014 00946

    Original file (BC 2014 00946.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00946 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Aviator Retention Pay (ARP) eligibility date of 7 Jun 13 be changed to 1 Feb 13 to make him eligible for a four-year Air National Guard (ANG) Fiscal Year (FY) 2013 ARP Agreement. Furthermore, because the decision whether or not to offer ACP in any given year is entirely at the discretion of the Secretary, any...

  • AF | BCMR | CY2013 | BC 2013 03760

    Original file (BC 2013 03760.txt) Auto-classification: Denied

    According to the FY 2013 ANG ARP Policy, paragraph 2.1.7, each aviator must: “Be eligible for at least two continuous years of full time duty upon acceptance of an ARP Agreement." We took notice of the applicant’s complete submission in judging the merits of the case; and note the Air Force office of primary responsibility’s recommendation to grant the applicant’s request because the release of the FY 2013 ARP Policy was delayed until 7 June 2013. Exhibit G. Letters, Secretary of the Air...

  • AF | BCMR | CY2014 | BC 2014 01030

    Original file (BC 2014 01030.txt) Auto-classification: Denied

    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. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: NGB/A1PF recommends denial indicating there is no evidence of an error or an injustice. Therefore,...

  • AF | BCMR | CY2013 | BC 2013 03608

    Original file (BC 2013 03608.txt) Auto-classification: Denied

    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.” The complete SecAF decision is at Exhibit F. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PF recommends denial. Upon further review of the documents provided, A1PF concludes he should be permitted to request,...

  • AF | BCMR | CY2013 | BC 2013 03832

    Original file (BC 2013 03832.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03832 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His initial eligibility and start date for Aviator Retention Pay (ARP) be 11 Feb 13. APPLICANT CONTENDS THAT: The delayed release of the Air National Guard (ANG) Fiscal Year (FY) 2013 ARP policy guidance resulted in his not being allowed to renew his two-year ARP agreement. A complete copy of the applicant’s...

  • AF | BCMR | CY2014 | BC 2014 00475

    Original file (BC 2014 00475.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00475 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Aviator Retention Pay (ARP) contract be changed to reflect he is on a four-year Air Guard Reserve (AGR) tour. 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...

  • AF | BCMR | CY2013 | BC 2013 05602

    Original file (BC 2013 05602.txt) Auto-classification: Denied

    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. 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. 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...

  • AF | BCMR | CY2013 | BC 2013 03525

    Original file (BC 2013 03525.txt) Auto-classification: Denied

    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 12 Jul 14, SAF/MRBR forwarded the applicant copies of the noted SecAF decisions for review and comment within 30 days (Exhibit I). APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In a letter dated 11 Mar 14, the applicant requested his application be re-opened....