RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01635 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 reached his 20th YAS on 19 November 2006.

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.	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 note that since he reached his 20th YAS in 2006, he was not qualified for ACP under the FY08 ANG ACP qualification guidelines. 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-2008-01635 in Executive Session on 11 June 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member 
Member

The following documentary evidence was considered: Exhibit:	DD Form 149, dated 2 April 2008, w/atchs.