RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-05189 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be approved for a four-year Air National Guard (ANG) Fiscal Year 2014 (FY14) Aviator Retention Program (ARP) Agreement paying $25,000 per year from 1 Oct 13 through 30 Sep 17, instead of his current retention pay of $15,000 per year. APPLICANT CONTENDS THAT: He was unjustly denied the $25,000 ARP option due to delays in releasing the policy, which resulted in his having less than four years remaining on his AGR tour at the time he applied. He is currently on a set of continuous four-year AGR orders which began on 1 Oct 13. The policy was not released until late Jun 14, nine months into the FY. The delay in the release of the policy resulted in his being ineligible for the four-year ARP Option A. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant served in the Air National Guard (ANG) during the matter under review. According to the documentation submitted by the applicant, on 6 Aug 13, he was issued Special Order A-0000055 assigning him to full-time Active Guard and Reserve (AGR) duty covering the period 1 Oct 13 through 30 Sep 17. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: NGB/A1PF recommends denial indicating there is no evidence of an error or an injustice. The ANG FY14 ARP was approved on 16 Jun 14. The ANG FY14 ARP Implementation Policy states “Orders. Member must have one set of continuous full-time duty orders for the entire term of the individual ARP Agreement,” and “The FY14 ANG ARP Implementation Plan is effective on the date signed by the Secretary of the Air Force for Manpower and Reserve Affairs (SAF/MR). No agreement can be written or backdated prior to that date.” The orders the applicant submitted cover the period 1 Oct 13 through 30 Sep 17. As of the 16 Jun 14 ANG FY14 ARP Implementation date, the applicant did not have the four-year period on his orders required for the $25,000 agreement. It is not possible to execute an incentive for past conduct, therefore backdating an ARP agreement is not in keeping with Congressional intent as authorized by Title 37 United States Code (USC) § 334 – Special Aviation Incentive Pay and Bonus Authorities for Officers. A complete copy of the 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 5 Oct 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 an 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 NGB/A1PF and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2014-05189 in Executive Session on 9 Dec 15, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 26 Nov 11, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, NGB/A1PF, dated 22 Sep 15. Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 15.