RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01839 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be made eligible for the Fiscal Year 2011 (FY11) Aviator Continuation Pay (ACP) Program. _________________________________________________________________ APPLICANT CONTENDS THAT: Eligibility guidance did not come out until 23 February 2011. In support of his appeal, the applicant provides copies of his ACP Statement of Understanding, Certificate of Aeronautical Rating, and his active duty Special Orders. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air National Guard (ANG) as a Navigator in the grade of lieutenant colonel (O-5). According to the orders, provided by the applicant, he served on active duty from 1 October 2010 – 19 December 2010, for Operational Support for Counterdrug Duty; 20 December 2010 – 15 March 2011, for a Federal Operation Mission; and from 1 June 2011 – 30 September 2011 for Counterdrug Duty. On 14 April 2011, the applicant signed a FY11 Navigator & Combat Operator ACP Statement of Understanding indicating he understood the effective date of the agreement was 14 April 2011. On 18 April 2011, the agreement was approved by the approval authority. The remaining relevant facts extracted from the applicant’s military service records are contained in the Air Force advisory opinion at Exhibits B. _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PF recommends denial. A1PF states that Title 37, United States Code (USC), Section 301b, requires that a member agree in advance, in writing, to remain on active duty, in aviation service for at least one year. In addition, in accordance with paragraph 2.2 of the FY11 ANG ACP Policy, “Because of the inconsistent funding schedule for these programs, members who are on AGR Occasional Tours…or Active Duty for Operational Support (ADOS) days must have an order/orders in hand that cover the minimum agreement period prior to agreement approval.” The NOTE at the top of page 4 of the same policy also indicates “No agreements will be authorized or payments made for retroactive periods due to compiling multiple orders.” A1PF indicates the applicant’s request is for an ACP agreement beginning 1 October 2010, but he did not have orders “in hand” at the time and did not have them until April 2011. As in prior years, it has been determined that members cannot “fall into eligibility” based on eventually completing one year of duty under multiple amendments or sets of orders. Had the applicant had orders from 1 October 2010 to 30 September 2011 published not later than October 2010, then he may have been eligible for ACP. The complete A1PF evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 June 2011 for review and comment within 30 days (Exhibit C). As of this date, this office has received no 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 their 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 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-2011-01839 in Executive Session on 24 January 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2011-01839: Exhibit A. DD Form 149, dated 9 May 11, w/atchs. Exhibit B. Letter, NGB/A1PF, dated 2 Jun 11. Exhibit C. Letter, SAF/MRBR, dated 17 Jun 11.