RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03348 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be made eligible for the Fiscal Year 2010 (FY10) Aviator Continuation Pay (ACP) Program. _________________________________________________________________ APPLICANT CONTENDS THAT: He has completed his Undergraduate Pilot Training (UPT) Active Duty Service Commitment (ADSC) requirement and should be eligible for the FY10 ACP Program. He believes the ACP Program Management Office (AFPC/DPAOT4) is incorrectly interpreting the FY10 ACP eligibility requirements and is in direct contradiction to the Board’s earlier decision. In support of his appeal, the applicant provides a personal statement and copies of his service information and a FY10 ACP Program Implementation message. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the Regular Air Force in the grade of major with a date of rank of 1 November2008. He has a Total Active Federal Military Service Date and Total Active Federal Commissioned Service Date of 2 June 1999. On 8 May 2007, the Board considered and granted the applicant’s request to change his ADSC from ten years to eight years (BC- 2007-00380) (See Record of Proceedings at Exhibit B). The remaining relevant facts extracted from the applicant’s military service records are contained in the Air Force advisory opinion at Exhibits C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAO recommends denial. DPAO suggests the Board reverse their earlier decision to have the applicant’s UPT changed to eight years (15 August 2010) and direct the AFPC ADSC Shop to reinstate the ten-year UPT ADSC of 15 August 2012. In addition, they recommend disapproving the applicant’s request to enter into a FY10 five-year ACP Agreement. DPAO states the applicant attempted to apply for FY10ACP Program and was denied because the ten-year UPT ADSC that should have been levied upon him had not expired. Air Force Instruction (AFI) 36-2107, that applied to the applicant at the time he signed an ADSC Statement of Agreement, was dated 1 June 2000. This AFI clearly states only those United States Air Force Academy or Air Force Reserve Officer Training Corps cadets “who were categorized as pilots at Extended Active Duty (EAD) entry” are eligible for an eight-year ADSC. The applicant was not categorized as a “pilot” when he entered EAD, but was a line officer. Title 10, United States Code (USC), Section 653a, dictates military members who were trained as pilots on fixed-winged aircraft would have a minimum of an eight-year UPT ADSC. Even though Air Force policy extended UPT service commitments to ten years, previous Board decisions waived the additional two years when documentation clearly indicated that an “injustice” occurred. In this case, the applicant failed to produce source documents substantiating his claim that he should be entitled to an eight-year UPT ADSC. There is a monetary issue involved. ACP is a retention/force shaping tool and is reviewed annually. There may or may not be an ACP Program in future fiscal years. DPAO indicates that if the Board determines a reversal of the Board’s earlier decision is not feasible, direct the ACP Program Management to enter the applicant into an ACP Agreement with an effective date of 16 August 2010 and an ACP end date of 15 August 2015. The complete DPAO evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In his earlier appeal, the Board concluded his ADSC should be recorded as eight years rather than ten years. This decision was tendered without stipulation, and AFPC changed his official service record to reflect an ADSC of eight years. When his ADSC expired in August 2010, he had the lawful option to separate from the Air Force or to extend his service. In making his decision to extend his service, he referred to the explicit requirements of the FY10 ACP Program and determined he was eligible. The author of the Air Force advisory opinion acknowledges that he [applicant] is entirely eligible for the ACP Program, but for their opinion of his ADSC, which, in and of itself, countermands the Board’s earlier decision. He had no reason to expect another agency could simply elect to reverse or otherwise interpret the Board decision. While the advisory author indicates he [applicant] failed to produce source documentation that would substantiate his claim that he should be entitled to an eight- year ADSC, he does not see how much more substantial his source documentation could have been than to provide the official decision made by the Board. As was the case in 2007 when he appealed to the Board, he hopes it is apparent that all he is seeking is an equitable application of the Air Force’s own official policy. The applicant’s complete rebuttal is at Exhibit E. _________________________________________________________________ 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 an injustice warranting relief. Based on the Board’s earlier decision to correct the applicant’s record to reflect his ADSC, for completion of Specialized Undergraduate Pilot Training, from ten years to eight years, we find he meets the requirements to enter into a FY10 ACP Agreement. Had the applicant been eligible at the time of his first appeal, the Board would have recommended granting his eligibility for the ACP along with changing his ADSC. Therefore, in view of the above and in order to resolve any injustice in favor of the applicant, the Board recommends his records be corrected in the following manner. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he entered into a FY10 ACP Agreement with an effective date of 16 August 2010 and an ACP ADSC End Date of 15 August 2015. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-03348 in Executive Session on 16 June 2011 under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC- 2010-03348 was considered: Exhibit A. DD Form 149, dated 8 Sep 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPAO, dated 15 Nov 10, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 3 Dec 10. Exhibit E. Letter, Applicant, dated 11 Dec 10.