RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01634 INDEX CODE:	128.04

COUNSEL:	NONE HEARING DESIRED: NO

APPLICANT REQUESTS THAT:
His records be corrected to show his eligibility for the Fiscal Year 2008 (FY08) Air National Guard (ANG) Aviation Continuation Pay (ACP) program from 1 October 2007 to 31 December 2007.

APPLICANT CONTENDS THAT:
Because of an error in the National Defense Authorization Act (NDAA) implementation, authorization for the FY08 ANG ACP program slipped by three months. The ACP program has historically been a FY-funded program. Because of the problem with the NDAA, funding the ACP program became available on 1 January 2008 instead of
1 October 2007. As a pilot, he signed on for his mission in good faith believing that, while modifications to the ACP program could be expected, a three-month slip of the implementation date does not reflect the intent or spirit of the authorization.

In support of his appeal, the applicant has provided copies of his FY08 ACP Agreement, his Aeronautical Order, and his Active/Guard Reserve (AGR) orders.

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

STATEMENT OF FACTS:
The applicant is currently a rated member of the District of Columbia Air National Guard (DCANG) and is serving in the grade of lieutenant colonel. In order to qualify for an  ACP entitlement for FY08, members were required to serve for an entire year under the same set of orders and would not reach their 20th year of aviation service (YAS) during FY08.

On 24 September 2007, he was ordered to active duty for the period 1 October 2007 to 30 September 2009. The applicant will reach his 20th YAS on 11 August 2009.

AIR FORCE EVALUATION:
This	application	was	sent	to	the	NGB	on	1	May	2008	for	an advisory opinion.		To date, the NGB has failed to provide one.

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.  The  maj or i t y  of t he   Boar d   i s   per suaded   by   t he    evi dence    pr ovi ded    t hat    t he appl i cant    i s,      i ndeed,     el i gi bl e     t o     r ecei ve     ACP    under     t he pr ovi si ons  of   t he  ANG’ s  FY08  ACP  gui del i nes.   The  appl i cant   was on  act i ve  dut y  under  a  si ngl e  or der  f or   at   l east   one  year   and  he di d  not   r each  hi s  20t h   YAS  dur i ng  FY08.     Ther ef or e,   a  maj or i t y  of t he Boar d  r ecommends  t hat  t he  r ecor ds  be  cor r ect ed  as  i ndi cat ed bel ow.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 31 December 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 2007.

The following members of the Board considered AFBCMR Docket Number BC-2008-01634 in Executive Session on 11 June 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member 
Member

By a majority vote, the Board voted to grant the request. Mr. voted to deny the request and did not desire to submit a minority report. The following documentary evidence was considered:

Exhibit:	DD Form 149, dated 26 March 2008, w/atchs.