RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04619

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

His Aviation Career Incentive Pay (ACIP) be reinstated to include recoupment of any pay lost due to stoppage.

APPLICANT CONTENDS THAT:

In 2010, he was sent to a non-flying position based on his aviation records reflecting his flight requirements were met.  

Due to a new interpretation of Air Force policy and the Host Aviation Resource Management (HARM) office being trained incorrectly, he did not meet requirements that would enable him to receive ACIP until 22 years of aviation service and if not for the misinterpretation, he would have remained on active duty to be eligible for ACIP under conditional status.

The applicant’s 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 (O-5).

According to documentation provided by the applicant, on 24 Jun 14, the 325th Financial Services Officer notified the applicant that he incurred a debt in the amount of $26,576.00 as a result of overpayment of fly pay.

According to the DD Form 2789, Waiver/Remission of Indebtedness Application, on 8 Jul 14, the applicant applied to have the fly pay debt waived.  The applicant’s commander recommended approval of the waiver indicating the error was of no fault of the applicant.

On 2 Apr 15, the Defense Office of Hearings and Appeals (DOHA) waived $26,156.00 of the debt and denied the remaining $420.00 indicating that on 28 Apr 14, the applicant was notified he had received fly pay from 16 Apr 14 through 30 Apr 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:

AF/A3OM recommends denial.  The applicant had multiple non-aircraft based operational flying duty assignments prior to 2010 that contributed to him not meeting the 72 month aircraft based operational flying duty minimum needed in order for the ground based OFDA to apply, therefore making the applicant ineligible for continuous ACIP.  Additionally, reinstating the applicant’s ACIP would be in violation of public law and Air Force Regulations.

In Accordance With (IAW) Title 37 United States Code (USC) § 301a, Chapter 5, the term “operational flying duty” means flying performed under competent orders by a rated or designated members while serving in an assignment in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned.  The National Defense Authorization Act (NDAA) of 1996 established current guidance for months of Operational Flying Duty Accumulation (OFDA) required for entitlement to continuous monthly ACIP.  Rated Aircrew members are entitled to continuous ACIP until 22 years of aviation service if they have accumulated at least 120 months of OFDA credit by their 18th year gate.  If this requirement is not met the member will be eligible for conditional ACIP when assigned to and active flying position.  To receive a month of OFDA credit an Aircrew member must be on active flying status at least 15 days a month to receive OFDA credit for that month.  Prior to 2008 Air Battle Managers (ABM) were only eligible to receive OFDA credit when assigned to an active position that required frequent and regular operational flying duty.  In September 2008, the Secretary of the Air Force (SECAF) policy allowed ABMs to receive OFDA while conducting eligible ground based radar duty.  This OFDA can be applied to meet the 12th gate requirement of 96 months of total OFDA when at least 72 of those months are accumulated during an aircraft based operational flying duty.

IAW AFI 36-2110, Assignments, it is Air Force policy that as many rated officers as possible complete at least 10 years (120 months) of operational flying by the 18th year of aviation service; however, not all officers will fulfill the requirements to receive ACIP through 25 years of aviation service.

Due to misinterpretation of the SECAF policy by both the ABM career field and Aviation Resource Management career field many ABMs were voluntarily and non-voluntarily elected to non-flying assignments. This may have caused the selection to a non-flying assignment in 2010; however, the applicant had multiple non-aircraft based operational flying duty assignments prior to 2010 that contributed to the loss of OFDA.  Furthermore, the applicant leaving active duty and joining the ANG does not make him ineligible for conditional status.  He is currently ineligible for conditional ACIP due to being assigned to an inactive non-flying position and will be eligible to receive conditional ACIP status when assigned to an active flying position.

A complete copy of the AF/A3OM 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 9 Jun 16 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 the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  While we note the applicant contends he would have remained on active duty to be eligible for ACIP under conditional status had the HARM office not misinterpreted the Air Force policy, we note that the reason he is ineligible for conditional ACIP is due to being assigned to an inactive non-flying position.  In this respect we note that once the applicant is assigned to an active flying position, he will be eligible to receive conditional ACIP. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2015-04619 in Executive Session on 25 Jan 17 under the provisions of AFI 36-2603:

					  , Panel Chair
					 , Member
					, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 23 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AF/A3OM, dated 28 Apr 16.
	Exhibit D.  Letter, AFBCMR, dated 9 Jun 16.

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 that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.