RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-01033 INDEX CODE:	128.04
COUNSEL:	NONE HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His	records	be	corrected	to	reflect	entitlement	to	Aviation Continuation Pay (ACP) for fiscal years (FY) FY06 and FY07.

APPLICANT CONTENDS THAT:
On or about 12 Dec 07, he was notified of his eligibility for ACP because he had a full year of service for FY06 and FY07. He was originally denied ACP entitlement for FY07 due to not filing in a timely manner. He was denied ACP entitlement for FY06 due to having more than one order (not one full year continuous); however, the intention was to have him on duty for a full year. An uncertain man-day situation prevented his unit from cutting a “full-year” on one order.

In support of his request, the applicant provided a letter of support from his commander, a copy of the denial of his Case Management System for ACP, an e-mail notification of eligibility, and copies of his ACP contracts, Special Orders, and Aeronautical Orders.

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

STATEMENT OF FACTS:
The applicant is currently serving as a lieutenant colonel in the Air National Guard.

Other relevant facts are outlined in the NGB/A1PS evaluations at Exhibit B.

AIR FORCE EVALUATION:
NGB/A1PS recommends partial relief. A1PS states the applicant is eligible for ACP for FY07 but not for FY06. In FY06 the applicant had multiple orders and did not have a single Special Order

covering one year; therefore, rendering him ineligible for an ACP agreement. In FY07, he had a Special Order encompassing one full year of continuous duty.

The complete NGB/A1PS evaluations are at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copy of the Air Force evaluation was forwarded to the applicant on
13 Feb 09 and 18 Feb 09 for review and comment within 30 days (Exhibit C). As of this date, this office has not received a response.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.
3.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We note the applicant did not have the required single Special Order covering a one-year period for fiscal year 2006; however, he did have a Special Order encompassing one full year of continuous duty for fiscal year 2007. Therefore, we recommend his records be corrected to the extent indicated below.

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 issue(s) involved. Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 10 February 2007, he applied for a one-year Aviation Continuation Pay (ACP) Agreement, and competent authority approved his application with an effective date of 1 October 2006.

The following members of the Board considered Docket Number BC- 2008-01033 in Executive Session on 24 March 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
All members voted to correct the records, as recommended. The following documentary evidence was considered:

Exhibit A.	DD Form 149, dated 20 Feb 08, w/atchs. Exhibit B.	Memorandums, NGB/A1PS, dated 5 and 12 Feb 08. Exhibit C.	Letter, SAF/MRBR, dated 13 Feb 08.