RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02181
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be awarded Aviator Retention Pay (ARP) for Fiscal Year 2014 (FY14). 

APPLICANT CONTENDS THAT:

The ARP requirements were released on 11 July 2014 by the wing ARP coordinator.  He met all of the requirements with the exception of the orders.  The policy states the member must have one set of continuous full-time duty orders for the entire term of the individual ARP agreement (minimum two years).  Compiling multiple orders or amendments or modification to reach the minimum period is not authorized”. 

His initial AGR order was from 22 January 2014 through 21 January 2015.  Upon release of the implementation policy requesting a six-year order.  He approached the leadership and they agreed to generate orders for the requested contract on 30 July 2014.

Due to the turnover of the ARP, the initial discussion to generate a new order was not known.  The addition of the new order rendered him ineligible for ARP, although it was his leadership’s intent to revise the initial duration of the order.

The State HRO based their decision to not extend his orders based on a policy letter requiring a one-year probationary period, which could not be produced.  The wing has since modified their hiring practice to allow initial orders to be cut within the required six year probationary period.  

On 5 May 2015, the HRO was able to correct the mistake and issue orders satisfying his commander’s original intent and resolving the issue.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a member of the Air National Guard serving in the rank of major.

Documentation provided by the applicant reflects that on 5 May 2015, he was placed on an Active Guard Reserve tour from 22 January 2014 through 21 January 2020. 

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit B.

AIR FORCE EVALUATION:

NGB/A1PF recommends granting the applicant’s request.  The applicant’s amended orders supports that he should be permitted to request, execute and be paid for a FY14 ARP agreement with the caveat the dates of the agreement be adjusted to meet FY Air National Guard Fiscal Year 2014 Implementation Policy.

The applicant’s Case Management System 7302271 provides his initial training request for ARP which did not meet eligibility requirements.  His FY14 ARP Statement of Understanding was signed on 17 September 2014 with an effective date of the same.  His ARP agreement should be approved for the dates of 17 September 2014 through 16 January 2020 at $25,000/per year.  

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 13 November 2015 for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

ADDITIONAL AIR FORCE EVALUATION:

The applicant was provided copies of documents describing a recent decision by the Secretary of the Air Force (SECAF) pertaining to Aviator Continuation Pay (now Aviator Retention Pay), as well as, the MRB Legal Advisory on 24 March 2016, for review and comment within 30 days.  To date, a response has not been received. 

The complete AFBCMR memorandum, with attachments, is at Exhibit D.

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 an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and find that relief is warranted.  We find the documentation submitted by the applicant clearly reflects the applicant, as well as other officers, were counseled regarding their orders and eligibility for ARP as early as July 2014.  Through no fault of his own, the applicant’s order was not generated in compliance with the policy, which in our view, created an injustice. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant's records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that competent authority approved his request for Aviator Retention Pay for the period of 17 September 2014 through 16 January 2020, at a rate of $25,000 annually, under the Air National Guard Fiscal Year 2014 Pilot- Aviator Retention Pay Program. 

The following members of the Board considered AFBCMR Docket Number BC-2015-02181 in Executive Session on 7 June 2016 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02181 was considered:

	Exhibit A.  DD Form 149, dated 21 May 15, w/atchs.
	Exhibit B.  Memorandum, NGB/A1PF, dated 22 Sep 15.
	Exhibit C.  Letter, AFBCMR, dated 13 Nov 15.
	Exhibit D.  Letter, AFBCMR, dated 24 Mar 16, w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.