RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00007 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 special order covering the period 1 Oct 12 through 30 Sep 14, paying him $15,000 per year. APPLICANT CONTENDS THAT: He was unjustly denied ARP. He has been on Title 10 orders since 1 Oct 13 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 ARP. 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 is a member of the Air National Guard (ANG) serving in the grade of lieutenant colonel (O5). According to the documentation provided by the applicant: a. He was mobilized under Order Number 158D7R, dated 1 Oct 12, in support of Operation ENDURING FREEDOM for the period 1 Oct 12 through 30 Sep 13. b. He was mobilized under Order Number 15URD7, dated 11 Mar 14, 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. The ANG FY 2013 ARP was approved on 7 Jun 13, at which time the ANG allowed officers to submit applications for ARP agreements. The ANG FY 2013 ARP Implementation Policy details eligibility requirements for ANG members and states, members must “Be eligible for at least two continuous years of full time duty upon acceptance of an ARP Agreement”. It further states in para 2.1.10, that “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 (Attachment 5) showing intent for follow-on orders.” By FY 2013 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. He provided two sets of orders covering the period of 1 Oct 12 through 30 Sep 14 and therefore is eight months short of meeting eligibility requirements. The applicant’s request to back date his agreement to 1 Oct 12 in order to meet the minimum eligibility requirements should also be also denied. As stated in the named policy, “The FY 2013 ANG ARP Implementation Policy 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.” Aviation Retention Pay is a retention bonus, which by nature is an incentive intended to modify an officer’s future conduct. Regrettably, it is not possible to execute an incentive for past conduct, therefore backdating ARP agreements is not in keeping with Congressional intent as authorized by 37 U.S. Code § 334 - Special Aviation Incentive Pay and Bonus Authorities for Officers A complete copy of the NGB/A1PF evaluation is at Exhibit B. 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 C). 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-2015-00007 in Executive Session on 22 Jan 16, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00007 was considered: Exhibit A. DD Form 149, dated 30 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.