RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2009-02784

COUNSEL: NONE

HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His records be corrected to show his eligibility for Fiscal Years 2008 and 2009 (FY08 and FY09) Air National Guard (ANG) Aviator Continuation Pay (ACP) programs.

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APPLICANT CONTENDS THAT:

He met all the requirements to participate in the ANG’s FY08 and FY09 ACP programs, with the exception of filing within the prescribed time limits set forth by ANG ACP Implementation Guidelines. Those otherwise qualified aviators applying for ANG ACP, must file within 30 days of beginning their qualifying active duty tour. However, the same policy that requires applying within 30 days of eligibility states all eligible members be counseled on the program. He was not counseled. In fact, he only found out about the ACP program after talking with someone who was aware of it.

In support of his appeal, the applicant provides a personal statement and copies of a letter of support, his ACP application contract, duty orders, ACP denial email, ANG ACP Implementation Policy, Title 37 United States Code (U.S.C.) sections 301(b) and 334, his aeronautical order, and DoD Instruction 7730.57, Aviation Incentive Pays and Continuation Bonus Program.

Applicant’s complete submission is attached.

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STATEMENT OF FACTS:

The applicant is currently serving on active duty with the ANG in the grade of major and has Total Active Federal Military Service (TAFMS) of 13 years, 5 months and 19 days. His Aeronautical Service Date (ASD) is 21 Apr 94, yielding a Years of Aviation Service (YAS) of just over 16 years.

ANG eligibility requirements for the FY08 ACP program requires aviators to be on active duty orders for one uninterrupted year (no amendments or modifications to original orders); have less than 20 YAS at application and, not exceed 20 YAS during the current contract. FY08 eligibility requirements also include the stipulation that otherwise qualified aviators make application for ACP within 30 days of beginning their tour.

The evidence of record indicates the applicant was brought on active duty for at least one uninterrupted year of service and he met the FY08 YAS requirements. He did not, however, apply within 30 days of beginning his tour.

ANG eligibility requirements for the FY09 ACP program required aviators to be on active duty orders for one uninterrupted year (no amendments or modifications to original orders); have less than 19 years TAFMS and have less than 24 YAS at application. FY09 eligibility requirements also include the stipulation that otherwise qualified aviators make application for ACP within 30 days of beginning their tour.

The evidence of record indicates the applicant orders were amended only to extend his original active duty order. At the time of application, he met TAFMS and YAS requirements but did not apply within 30 days of continuing his tour.

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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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. It appears the applicant met all the requirements for participation in the FY08 and FY09 ACP programs except for the condition that he begin his active duty tour in each FY within 30 days of signing an ACP contract. The applicant argues he was not counseled on the ACP program as it applied to him and therefore could not have began either tour within 30 days of signing his application. Such counseling of members is required by the same ANG ACP policy that establishes the eligibility requirement for ACP participation. We noted the letter of support from NGB/OMH as well as the evidence presented by the applicant and find that he has met his burden of proving that he was not counseled on the ANG ACP program for FY08 and FY09. Therefore, we recommend that the records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that:

a. On 1 October 2007, he submitted a one-year Aviator Continuation Pay (ACP) contract for participation in the FY08 Air National Guard (ANG) ACP program, thereby entitling him to $15,000, and competent authority approved his application effective 1 October 2007.

b. On 1 October 2008, he submitted a one-year Aviator Continuation Pay (ACP) contract for participation in the FY09 Air National Guard (ANG) ACP program, thereby entitling him to $15,000, and competent authority approved his application effective 1 October 2008.

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The following members of the Board considered AFBCMR Docket Number BC-2009-02784 in Executive Session on 7 October 2010, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended. The following documentary evidence was considered:

Exhibit: DD Form 149s, dated 20 Jul 08, and 16 Sep 09,

both w/atchs.

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2009-02784

MEMORANDUM FOR THE CHIEF OF STAFF

Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

a. On 1 October 2007, he submitted a one-year Aviator Continuation Pay (ACP) contract for participation in the FY08 Air National Guard (ANG) ACP program, thereby entitling him to $15,000, and competent authority approved his application effective 1 October 2007.

b. On 1 October 2008, he submitted a one-year Aviator Continuation Pay (ACP) contract for participation in the FY09 Air National Guard (ANG) ACP program, thereby entitling him to $15,000, and competent authority approved his application effective 1 October 2008.