RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04058 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His initial aviator continuation pay (ACP) eligibility date be corrected to reflect 16 November 2011. ________________________________________________________________ APPLICANT CONTENDS THAT: Due to the delayed release of the program an error in his records reflect an ACP date of 7 March 2012. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the New York Air National Guard (ANG) in the grade of Major, 0-4. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PF recommends approval. A1PF states they concluded that the applicant should be permitted to request, execute, and be paid for a Fiscal Year (FY) 2012 ACP agreement effective 16 November 2011. a. According to Special Order A-A000372 dated 27 July 2011, the applicant was ordered to duty from 22 July 2007 through 21 July 2013. The applicant has a memorandum for record which states that he will receive follow-on orders when the current order expires. This period allows him to enter into a 4-year FY12 ACP agreement per paragraph 2.1 of the Air National Guard FY12 ACP Policy. However, the release of the FY12 ACP policy was delayed until 24 February 2012. Because of this delay, the applicant was unable to submit his application for ACP until after 24 February 2012 which is outside of the 30-day processing window allowed per paragraph 1.7.3 of the ANG FY12 ACP Policy. The delay is through no fault of the applicant and left him unable to take advantage of the full period of eligibility. The applicant request his agreement be effective 16 November 2011 through 15 November 2015 for a 4-year agreement payable at $25.000 per year. The applicant will need to provide copies of follow-on orders when published but otherwise meets all other eligibility requirements. b. The FY12 ANG ACP Policy requires that the member agree in advance, in writing, to remain on active duty, in aviation service for at least two years. The applicant would have made this request but the delay in policy reduced his eligibility period. Based upon the published policy guidance, the fact that the applicant met all eligibility requirements and that the delay in release of the FY12 ACP policy was through no fault of his, they recommend approval of the applicant's request. The complete NGB/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 9 November 2012 for review and comment within 30 days (Exhibit D). To date, a response has not been received. ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The AFBCMR Legal Advisor recommends that each case be considered in “executive session” regardless of the “Air Staff” advisory. Given the purpose of the law authorizing ACP, the Board should be clear that a given case presents a genuine injustice that must be remedied before granting applications for retroactive approval of ACP contracts. The complete AFBCMR Legal Advisor evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the additional Air Force evaluation was forwarded to the applicant on 23 April 2013 for review and comment within 30 days (Exhibit F). To date, a response has not been received. ________________________________________________________________ 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 warranting relief. The majority of the Board took notice of the applicant's complete submission in judging the merits of the case and 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 based on the fact the applicant met all the eligibility requirements and that the delay in release of the FY12 ACP policy was through no fault of the applicant, the majority of the Board recommends the applicant’s records be corrected to the extent indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that competent authority approved his four-year Aviator Continuation Pay (ACP) contract for participation in the FY12 Air National Guard (ANG) ACP program; thereby, entitling him to $25,000 per year. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 6 June 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member By a majority vote, the Board recommended approval of the application. A Panel Member voted to deny and has submitted a minority report which is attached at Exhibit G. The following documentary evidence was considered in AFBCMR Docket Number BC- 2012-04058: Exhibit A. DD Form 149, dated 7 Mar 2012, w/atchs. Exhibit C. Letter, NGB/A1PP, dated 5 Sep 2012 w/atchs. Exhibit D. Letter, SAF/MRBR, dated 9 Nov 2012. Exhibit E. Letter, AFBCMR Legal Advisor, dated 9 Apr 2012. Exhibit F. Letter, AFBCMR, dated 23 April 2013. Exhibit G. Minority Report, dated 25 June 2013.