RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-01913 INDEX CODE:	128.04
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His	records	be	corrected	to	reflect	entitlement	to	Aviation Continuation Pay (ACP).

APPLICANT CONTENDS THAT:
He was eligible for the fiscal year (FY) 06 ACP while on Title 10 Orders from 15 Jun 05 through 31 May 07, but was not informed of this entitlement as instructed in the FY06 implementation policy. Had he been informed, he would have signed a one-year contract; therefore, he is seeking restitution for this oversight in the form of a one-year payment of $15,000 per Table 2.1 of the implementation policy.

The wing commander was responsible for appointing an ACP coordinator but did not do so until 21 Mar 08. Therefore, no one informed him of his available entitlement in FY06. Per AFPD 36-30, Military Entitlements, he is seeking to invoke his legal right to this entitlement.

In support of his request, the applicant provided copies of Special Orders, a copy of the FY06 ACP implementation policy, letters from his wing commander, and a copy of his flying summary.

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

STATEMENT OF FACTS:
Available records indicate the applicant was ordered to duty from
15 Jun 05 through 31 May 07.	This would have placed him in the FY05 ACP program and not the FY06 ACP program.

AIR FORCE EVALUATION:
NGB/A1PS recommends denial. A1PS states that in FY05, the ACP program only paid contract lengths of less than 5 years to those individuals with more than 15 years of aviation service (YAS) to get them to 20 YAS or more than 20 YAS in order to pay them through 25 YAS.  The applicant has an aviation service date of
14 Jan 91 which equated to 14 YAS in May 05, and according to the FY05 ACP agreement, Table 2.1, only a 5-year ACP agreement was available and he did not qualify. While shorter term agreements were available, they were only for members to achieve either 20 or 25 YAS.

The complete NGB/A1PS evaluation 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 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.	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 Force 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.

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The following members of the Board considered Docket Number BC- 2008-01913 in Executive Session on 23 March 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 7 May 08, w/atchs. Exhibit B.	Memorandum, NGB/A1PS, dated 12 Feb 09. Exhibit C.	Letter, SAF/MRBR, dated 20 Feb 09.