IN THE CASE OF:	  

		BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120014138 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests payment of Aviator Continuation Pay (ACP) under the Fiscal Year 2011 (FY11) ACP Program for 152F/152H Aviators with targeted basic active service date (BASD) - 19 to 24 years based on correction to the eligibility dates of BASD from 1 October 1987 to 30 September 1992 to 1 October 1987 to 30 September 1993.

2.  The applicant states there was a mistake on the eligibility date in Military Personnel (MILPER) Message 11-054.  His BASD is 12 February 1993 and his 19th year of service was on 11 February 2011.  That would make him eligible for the FY 11 BASD 19 to 24 years ACP Bonus.  The correct eligibility dates are BASD of 1 October 1987 to 30 September 1993, not 1 October 1987 to 30 September 1992 as announced in the MILPER Message.  Due to the fact the program ended on 30 September 2011 only the Army Board for Correction of Military Records may be able to assist him in obtaining the ACP contract.

3.  The applicant provides:

* 1992 DD Form 4/1 (Enlistment/Reenlistment Document)
* MILPER Message Number 11-054
* Email correspondence from the U.S. Army Human Resources Command (HRC), Incentive Pay Branch


CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the Delayed Entry Program (DEP) on 30 October 1992.  He enlisted in the Regular Army (RA), in pay grade E-1, on 12 February 1993.  

2.  He was honorably discharged on 12 March 1998 to accept appointment as a warrant officer (WO) of the Army.  He was appointed in the U.S. Army Reserve, Aviation Branch, as a WO on 13 March 1998.   He held military occupational specialty (MOS) 152F (AH-64A Apache Attack Helicopter Pilot).  

3.  His officer evaluation reports (OER) between 2003 and 2008 show he served as an Instructor Pilot in MOS 152FC.  

4.  He was appointed in the RA as a chief warrant officer two on 11 November 2005.  He served in a variety of assignments and he was promoted to the rank of chief warrant officer four on 10 August 2010.  

5.  His OERs between 2008 and 2012 show he served in MOS 152HG as a Maintenance Test Pilot.

6.  MILPER Message 11-054, FY11 ACP Program for 152F/152H Aviators with Targeted BASD - 19 to 24 Years - and Special Qualification Identifiers (SQI-C,F,H), issued on 23 February 2011, states, in pertinent part:

	a.  This MILPER Message expires no later than 30 September 2012.

	b.  The Army is offering an ACP Program for AH-64A/D Instructor Pilots, MOS 152F/152H with SQI for Instructor Pilot; Senior Instructor Pilot/Instrument Flight Examiner; or Standardization Instructor Pilot and who have a BASD between      1 October 1987 to 30 September 1992.  

	c.  Qualified WO Aviators fully eligible for continued service who accept the term of the program will receive annual payments of $25,000 for each whole year of incurred active duty service obligation (ADSO).  All officers accepting bonus will be required to accept an ADSO of 3 years.

	d.  Qualified WO Aviators who meet all other eligibility criteria, but are unable to complete a 3-year agreement due to reaching the 25th year of aviation service, may execute an agreement of less than 3 years, but must commit to the maximum of their remaining eligible time as long as it extends their current ADSO by at least 1 year.  

7.  A staff member of the Incentive Pay Branch, HRC, Fort Knox, KY, advised the applicant that:

   a.  MILPER Message 11-054 announced the FY11 BASD 19-23 Year ACP Program.  Although MILPER Message 11-054 administratively does not expire until 30 September 2012, the FY11 BASD 19-24 Year ACP Program ended 30 September 2011.  Unfortunately, the only ACP Program offered in FY12 is a FY12 Army Special Operations Aviator ACP Program.

	b.  Reviewing his qualifications, he would have reached, with a BASD of 12 February 1993, his 19th year of service on 11 February “2011” (i.e.,              11 February 2012).  That would have made him eligible for the FY11 BASD     19-24 Year ACP Program.  There is an eligibility date error in the message.  Although the program ended, he may be eligible to apply to the ABCMR to request a contract due to the inaccurate message eligibility dates.  The correct eligibility dates are a BASD of 1 October 1987 to 30 September 1993, not 1 October 1987 to 30 September 1992 as announced in the message.  Due to the fact the program has ended only the ABCMR may be able to assist him.

	c.  Delayed entry programs count only to increase his Basic Pay Entry Date not his BASD.

8.  On 11 September 2012, a staff member of HRC verified that there was an error in MILPER Message 11-054.  He stated:

	a.  The corrected 19-24 year target audience should have been a BASD between 1 October 1987 to 30 September 1993.  The BASD 1 October 1987 to 30 September 1992 targeted aviators between 20-24 years.

	b.  There was no correction to the MILPER Message as the error was not identified until mid-August.  Since the approval process is slow in that directorate and providing information to the field dispersion would be hit or miss at best, he decided to identify the individuals by name and send them individual messages identifying the error.  He spoke with one individual and advised that he should have been allowed to get an agreement but was overlooked.  He recommended he submit a request to the ABCMR.  He assumes that this is the individual.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he enlisted in the RA on 12 February 1993.  He completed his 19th year of service on 11 February 2012.  

2.  MILPER Message Number 11-054 offered the ACP Program to AH-64A/D Instructor Pilots, Senior Instructor Pilot/Instrument Flight Examiner, or Standardization Instructor Pilot who had a BASD of 1 October 1997 to 30 September 1992.  The correct eligibility dates were later cited for a BASD of 1 October 1987 to 30 September 1993.  

3.  The evidence of record shows he was serving as a Maintenance Test Pilot (from 2008 through 2012) at the time the ACP Program was being offered.  Therefore, notwithstanding the initial message containing an eligibility date error, he would not have been fully eligible based on his principal duty title when the message was issued on 23 February 2011 for FY11.

4.  Therefore, he is not entitled to a contract for the FY11 ACP Program in accordance with MILPER Message Number 11-054.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  _____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20120014138





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ABCMR Record of Proceedings (cont)                                         AR20120014138



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