RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02475
			COUNSEL:  NONE
			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be eligible for Aviator Continuation Pay (ACP) for Fiscal 
Years (FY) 2010 and 2011.

________________________________________________________________

APPLICANT CONTENDS THAT:

Although he served as a Traditional Guardsman on active duty 
orders for two consecutive years, he was never offered, nor 
received ACP for FY 2010 and FY 2011.  His servicing military 
personnel flight determined ACP was only available for members 
on calendar year orders and he was not eligible for ACP because 
he was on FY orders.  However, he believes ACP was available for 
members who also served for 365 days on an FY basis.

In support of his request, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty and numerous special orders.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air National Guard 
(ANG) in the grade of lieutenant colonel.

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AIR FORCE EVALUATION:

NGB/A1PF recommends denial.  A1PF states that the applicant is 
ineligible and should not be permitted to request, execute, or 
be paid for a FY 2010 Aviator Retention Pay (ARP) Agreement.  
According to the FY 2010 Air National Guard ACP Policy, 
paragraph 2.1.2, each aviator must: "be on orders for a minimum 
term of two years continuous duty under one continuous order 
(compiling multiple orders or amendments to reach the mandatory 
two-year term, is not authorized and exceptions to this policy, 
regardless of reason, are not authorized and will not be 
granted)."  While the applicant has presented multiple sets of 
orders to cover the time period requested, they are dated after 
the effective date of 1 Oct 2009.  Therefore, he did not meet 
the intent of the paragraph above and is ineligible to apply for 
ARP.

The complete A1PF evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 8 Nov 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  As of 
this date, no response has been received by this office (Exhibit 
D).

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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.  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 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.

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The following members of the Board considered this application 
in Executive Session on 4 and 5 Mar 2014, under the provisions 
of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered in AFBCMR BC-
2013-02475:

    Exhibit A.  DD Form 149, dated 15 May 2013, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, NGB/A1PF, dated 9 Jul 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Nov 2013.




                                   
                                   Panel Chair