RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00006 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be approved to receive Air National Guard (ANG) Fiscal Year 2013 (FY13) Aviation Retention Pay (ARP) in conjunction with his orders covering the period 1 Oct 12 through 30 Sep 14, paying him $15,000 per year. APPLICANT CONTENDS THAT: He was unjustly denied ACP. He has been on Title 10 orders since 1 Oct 12, in support of Operation ENDURING FREEDOM. Due to the ad hoc nature of his orders and the uncertainty about the time he would be activated, he did not receive ACP. He should have been issued one set of orders over a two-year period. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant served in the Air National Guard (ANG) as a Predator pilot during the matter under review. According to the documentation submitted by the applicant: a.  Under Order 158KNF, dated 19 Nov 12, he was mobilized in support of Operation ENDURING FREEDOM for the period 1 Oct 12 through 30 Sep 13. c.  Under Order 15USDY, dated 13 Mar 14, he was mobilized in support of Operation ENDURING FREEDOM for the period 1 Oct 13 through 30 Sep 14. 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 FY13 ARP Program was approved on 7 Jun 13, and the ANG FY13 ARP Program Implementation Plan states a member must “Be eligible for at least two continuous years of full time duty upon acceptance of an ARP Agreement,” and “flying RPA (11U ONLY) pilots currently restricted to 1 year orders are eligible to apply for 2 year agreements with a 1 year order and an MFR signed by the Wing/CC, ANGRC/CC, or 1 AF/CC showing intent for follow-on orders.” By FY13 ARP eligibility standards, the applicant would need orders and/or a MFR signed by his Commander, covering the minimum period of 7 Jun 13 through 6 Jun 15, to enter an ARP agreement. The orders submitted by the applicant cover the period of 1 Oct 12 through 30 Sep 14. As of the 7 Jun 13, ANG FY13 ARP Implementation date, the applicant did not have the two-year period remaining on his orders required for the $15,000 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-2015-00006 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 3 Sep 14, 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.