RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01333 INDEX CODE:	128.04

COUNSEL:	NONE HEARING DESIRED: NO

APPLICANT REQUESTS THAT:
The start date of his Aviator Continuation Pay (ACP) Fiscal Year 2008 (FY08) entitlement be changed to 1 October 2007, rather than
1 January 2008.

APPLICANT CONTENDS THAT:
He has been on active duty orders since the middle of March 2007. Moving the start date of his FY08 ACP entitlement to the beginning of the calendar year 2008 would unjustly and arbitrarily disqualify his ACP for one year of his two-year contract currently ending on 30 September 2009.

Applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:
The applicant is currently a rated member of the Ohio Air National Guard (OHANG) and is serving in the grade of lieutenant colonel. In order to qualify for an ACP entitlement for FY07, members were required to serve for an entire year under the same set of orders.

He was ordered to active duty for a period of at least a year for FY08 that qualified him for receipt of ACP; however under FY08 ACP policy, ACP is only paid until the member reaches 20 years of aviation service (YAS).   The applicant will reach 20 YAS on
15 August 2009.

AIR FORCE EVALUATION:
NGB/A1PS recommends denial. Citing ACP eligibility requirements from the National Guard Bureau (NGB) subject matter expert (SME), A1PS notes that the applicant was not eligible for ACP during his limited FY07 service (less than a continuous year). A1PS states the applicant is only eligible for FY08 ACP from 16 February 2008 to 14 August 2009 as he reaches the end of his ACP eligibility at

20 YAS which occurs on 15 August 2009.	A1PS notes the applicant is already receiving ACP for this time period.

A1PS’s complete evaluation, with attachment, is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 20 February 2009 for review and comment within 30 days. As of this date, no response has been received by this office.

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 National Guard office of primary responsibility and adopt its 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.

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 AFBCMR Docket Number BC-2008-01333 in Executive Session on 2 April 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member

The following documentary evidence with regard to AFBCMR Docket Number BC-2008-01333 was considered:

Exhibit A. DD Form 149, dated 24 March 2008.
Exhibit B. Letter, NGB/A1PS, dated 15 February 2009, w/atch. Exhibit C. Letter, SAF/MRBR, dated 20 February 2009.