RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02377

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His Pilot Aviator Retention Pay (ARP) agreement be corrected from 7 Jun 13 – 7 Jun 16 to 7 Jun 13 – 7 Jun 17.

APPLICANT CONTENDS THAT:

His initial Pilot ARP inclusive period was 23 Oct 12 to 23 Oct 16 for a total of 4 years.  Due to restrictions, the Pilot ARP inclusive period was changed to a start date of 7 Jun 13.  The Wing ARP monitor changed the 4-year agreement, but calculated the wrong stop date making it a 3-year agreement. 

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

STATEMENT OF FACTS:

The applicant is currently serving in the Air National Guard in the grade of Major, O-4.

On 4 Sep 13, according to the documentation provided by the applicant, he signed FY13 Pilot ARP Agreement Statement of Understanding (SOU) and initialed “Option A $25,000/year (4 years), inclusive period 23 Oct 12 to 23 Oct 16.  The ARP agreement was not signed by the approving official.

On 4 Sep 13, according to the documentation provided by the applicant, he signed FY13 Pilot ARP Agreement SOU and initialed “Option A $25,000/year (4 years), inclusive period 7 Jun 13 to 7 Jun 16.  The approving official approved the ARP agreement on 16 Sep 13.

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 granting the applicant’s request, indicating there is evidence of an error or injustice.

FY13 ARP Policy could not be signed or approved until the policy was authorized by the Under Secretary of Defense (Personnel and Readiness), or his authorized agent, which was 7 Jun 13.  When the ARP coordinator updated the applicant’s agreement due to the ruling, he erred in submitting the dates for inclusion.  The applicant initialed and checked the lines for a 4 year agreement at $25,000 and met all qualifications for this option.  Using the previously requested dates would have made the request four years and one day, which is not authorized under 2.3(2) of the FY13 ARP policy.  Should the board elect to grant the request, the applicant’s ARP agreement should be modified to read 7 Jun 13 to 6 Jun 17 and he be paid the last payment of $25,000.

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 31 Jan 17 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error to warrant relief with respect to correcting the applicant’s FY13 Pilot ARP from three years to four years and be paid the last payment of $25,000.  The evidence indicates he agreed to and was approved for a 4-year service commitment.  However, we took notice of the applicant's complete submission in judging the merits of the case, and while we note the comments of NGB/A1PF recommending the Board grant the applicant’s request to modify his ARP agreement dates, the recommended modification would result in backdating the agreement.  The Board notes that the ANG FY13 ARP Policy was authorized by the Under Secretary of Defense on 7 Jun 13 and the Implementation Policy states, “ARP Agreements must be offered and accepted at the time of initial eligibility.  Failure to accept the ARP Agreement within 30 days of eligibility will not restrict the member’s application but may result in the effective date being the date the agreement is signed.”  The applicant signed his FY13 Pilot ARP SOU on 4 Sep 13 and requests the inclusive period be modified from 7 Jun 13 – 7 Jun 16 to 7 Jun 13 - 7 Jun 17, however ARP is a retention bonus intended to modify an officer’s future conduct.  It is not possible to execute an incentive for past conduct.  Therefore, backdating an ARP agreement is not in keeping with Congressional intent.  Furthermore, the applicant has not provided sufficient justification for the delay in submitting his FY13 Pilot ARP SOU.  For this reason we recommend the effective date of the applicant’s FY13 ARP be the date he signed the SOU.  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 his FY13 Pilot ARP was not for the inclusive period 7 Jun 13 – 7 Jun 16 but was for the inclusive period 4 Sep 13 – 3 Sep 17, and that he be paid the last annual payment of $25,000.

The following members of the Board considered AFBCMR Docket Number BC-2016-02377 in Executive Session on 24 Aug 17 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 15 May 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PF, dated 29 Aug 16, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 31 Jan 17, w/atch.

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.