RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01912
		INDEX CODE:  128.04

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that he signed a one-year Aviation Continuation pay (ACP) contract with the Air National Guard (ANG) under the Fiscal Year 2006 (FY06) ANG ACP program.

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APPLICANT CONTENDS THAT:

He was eligible for the FY06 ACP while on active duty from 31 May 2005 through 29 May 2007.  The Wing commander was responsible for appointing an ACP coordinator but did not do so until 21 March 2008.  Therefore, he was not informed of his entitlement as instructed in the FY06 ANG ACP program implementation policy.  He is therefore seeking restitution.  Had he known of his eligibility, he would have signed a one-year ACP contract and received $15,000.

In support of his appeal, the applicant provides copies of his active duty orders, the FY06 Implementation Policy, letters from his wing commander, and an individual data summary.

Applicant’s complete submission is attached.

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STATEMENT OF FACTS:

The applicant, a former member of the Rhode Island ANG (RIANG), was ordered to active duty via Manpower Authorization (MPA) days from 31 May 2005 through 30 May 2006.  The orders were amended on 12 May 06 extending his tour to 29 May 2007.  The FY06 program required at least one year of uninterrupted active duty service (no amendments) as a full-time Active Guard Reserve (AGR – Title 32) pilot or a pilot on Statutory tour (Title 10).  Those aviators on MPA days were not eligible for the FY06 ANG ACP.  

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AIR FORCE EVALUATION:

The National Guard Bureau received this application for an advisory opinion on 21 May 2008.  To date, they have failed to provide one. 

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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 the ANG FY06 ACP guidelines required aviators to be either on full-time AGR orders or on a statutory tour (Title 10).  He submitted Manpower Authorization (MPA) orders to indicate his eligibility for FY06 ACP.  Unfortunately, he does not qualify for FY06 ACP under MPA orders.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2008-01912 in Executive Session on 29 July 2009, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence with regard to AFBCMR Docket Number BC-2008-01912 was considered:

    Exhibit:  DD Form 149, dated 13 May 2008, w/atchs.

                                   
                                   Panel Chair