RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03922
		INDEX NUMBER:  100.00
XXXXXXXXXXXXXXXXXX	COUNSEL:  None

XXX-XX-XXXX	HEARING DESIRED:  Yes

MANDATORY CASE COMPLETION DATE:  22 Jun 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His “date departed last duty station” be adjusted from 13 Jun 89 to 15 Jun 89.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 12 Jun 01 his flight incentive pay was terminated.  When he departed his base of assignment for a permanent change of station (PCS) on 13 Jun 89, he had been informed that he had met all the necessary gates for retention of flight pay.  In fact he had been consistently assured for 13 years during annual flight records verification that all of his gates had been met.  It was not until later that he discovered that although he met the minimum number of gate months, he did not meet the requirement for 120 continuous gate months by two days.  If he had departed his duty station on 15 Jun 89 vice 13 Jun 89, his flight pay would have continued for another three years.

Not only was he provided incorrect assurances year after year, but he also discovered that he was no longer eligible for a flight waiver due to a change in the governing regulation.

In support of his appeal, the applicant submits a complete copy of his flight record folder based on a request from HQ USAF/XOOT.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of lieutenant colonel.  His Total Active Federal Military Service Date (TAFMSD) is 31 May 78.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAO recommends denial of the applicant’s request.  They note that per the applicant’s own statement, his records seem to be correct.  

Per AFI 11-401 (Aviation Management), Para 2.6.4.2, “To receive credit for a month of Operational Flying Duty Accumulator (OFDA) credit, an individual must be assigned to rated/Career Enlisted Aviator (CEA) in-flight or similar Air Vehicle Operator (AVO) duties in Flying Status Code (FSC) A, U, X, or Z for at least 15 days within each calendar month that he or she received operational credit from the current month of creditable flying or previous three months of creditable flying duty.  Rated officers or CEA members assigned to an active flying billet pending a PCS assignment to an inactive assignment should ensure that they sign out on or later than the 16th of the month in order to receive OFDA credit.  They also must have performed OFDA-creditable flying within three months of the departure month.”

The complete evaluation is at Exhibit C.

HQ USAF/XOOT recommends denial of the applicant’s request based on the fact he requested the date he departed his duty station be adjusted specifically to meet OFDA requirements.  The applicant did not meet OFDA requirements within the time period specified by public law and a waiver to operational flying requirements would be contrary to public law.  The applicant was grandfathered under the requirements of the Aviation Career Incentive Act of 1974 and is ineligible for a waiver.

Adjusting the applicant’s date of departure would award him an additional month of OFDA credit, which would allow him to meet the OFDA requirements for entitlement to continuous Aviation Career Incentive Pay (ACIP) through 25 years of aviation service.  10 US Code, Title 37, Section 301a authorizes the ACIP entitlement for rated officers who engage and remain in aviation service on a career basis.  ACIP is paid to officers that have completed the required number of months by the 12th and 18th year of aviation service.  The applicant was grandfathered under the requirements of the Aviation Career Incentive Act of 1974, which sets the requirements of 108 months OFDA to receive continuous ACIP through 22 years aviation service and 132 months OFDA to receive continuous ACIP through 25 years aviation service.  

The applicant began aviation service on 13 Jun 79 and remained in active operational flying assignments until departing his duty station for a PCS assignment on 13 Jun 89.  At the time of his departure, he had accumulated 120 months of OFDA credit.  He returned to an active flying assignment again in 11 Jul 96 and accumulated an additional 11 months of OFDA.  Upon reaching his 18th year of aviation service he had accumulated 131 months of OFDA.

Based on their review of the applicant’s flight record, they find no evidence he had “met all his gates,” or that he was specifically briefed this on numerous occasions.  His record contains at least eight Individual Data Summaries, which he signed, that list his OFDA months for the 18-year gate requirement.  The reports are accurate and clearly show he did not meet the 18-year gate requirement of 132 OFDA months.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 22 Jul 05 for review and comment within 30 days.  To date, a response has not been received.

_________________________________________________________________

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 opinions and recommendations of the Air Force offices 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.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 Docket Number BC-2004-03922 in Executive Session on 30 August 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPAO, undated.
    Exhibit D.  Memorandum, HQ USAF/XOOT, dated 5 Jul 05.
    Exhibit E.  Letter, SAF/MRBR, dated 22 Jul 05.