RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00080
		INDEX NUMBER: 128.10 

	XXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The debt of $21, 527.78 he incurred for recoupment of Aviator Continuation Pay (ACP) be voided, deleted from his records, and all amounts previously paid toward this debt be refunded to him.

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APPLICANT CONTENDS THAT:

He is fulfilling his ACP contract based on his involuntary recall to active duty in support of Operation Noble Eagle.

In support of his appeal, applicant has attached a copy of the orders recalling him to active duty and a copy of the notification letter and worksheet for recoupment of his ACP.

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is a member of the Texas Air National Guard presently serving an active duty tour from 26 Oct 01 through 30 Sep 02 in the grade of lieutenant colonel in support of Operation Noble Eagle.  The remaining relevant facts pertaining to this application are contained in the evaluation prepared by the appropriate office of the Air Force found at Exhibit C.

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AIR FORCE EVALUATION:

ANG/DPFP recommends denial of the applicant’s request.

The applicant originally signed an ACP contract to remain on active duty for five years in aviation service.  This commitment would have ended on 15 Nov 04.  On 5 Jan 01, the applicant terminated his ACP contract and left Active Guard Reserve (AGR) status only one year after signing his contract.  As a result he generated a debt of $21,527.78.  The applicant’s debt was identified, calculated, and collected according to the guidelines established in the Air National Guard Fiscal Year 2000 Aviator Continuation Pay (ACP) Implementation Guidelines, dated 13 Dec 99.

ACP entitlements were not designed for members not assigned to a full-time AGR Unit Manning Document (UMD) position.  It does not allow pilots to break up their full-time service and does not have provisions for paying Traditional Guardsmen who are placed on extended active duty (EAD).  The applicant is no longer assigned to a full-time AGR UMD position, had a nine month break in service, and is currently a Traditional Guardsman serving on EAD in support of Operation Noble Eagle.

The complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Apr 02 for review and comment within 30 days.  To date, a response has not been received.

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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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered Docket Number 02-00080 in Executive Session on 19 June 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Dec 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, ANG/DPFP, dated 3 Apr 02.
    Exhibit D.  Letter, SAF/MIBR, dated 19 Apr 02.