RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04980

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The debt he incurred under his Fiscal Year 2012 (FY 12) Aviator Continuation Pay (ACP) Agreement be waived.

APPLICANT CONTENDS THAT:

Under the provisions of his FY 12 ACP Agreement, his entitlement to ACP would cease upon being promoted to colonel and no recoupment would be required.  Upon notification of being promoted to colonel he submitted a request to cancel his ACP effective with his date of rank (DOR) 29 Aug 13.  However, due to administrative oversights he received an ACP payment in 2014 and 2015.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the Air National Guard.  The applicant was promoted to the rank of colonel effective 29 Aug 13.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibits D.

AIR FORCE EVALUATION:

NGB/A1P recommends denying the application, noting there is no evidence of an error or injustice.  The applicant signed an FY 12 ACP Agreement, for 31 Jul 12 to 30 Jul 16.  He had a minimum of two years to complete the agreement.  Under the provisions of the FY 12 ACP Agreement, ACP immediately stops and recoupment for previous payments is not required when the service member reaches the rank of colonel.

On 29 Aug 13, the applicant was promoted to colonel.

According to the applicant, he attempted to cancel his ACP Agreement sometime before August 2013; however, no action was taken in the Case Management System (CMS) to cancel his contract.  

On 31 Jul 14, the applicant received another ACP payment.  He contacted the ACP Coordinator at the Air National Guard Readiness Center (ANGRC) to cancel his ACP Agreement.  On 7 May 15, a CMS case was opened, however proper documentation to cancel the agreement was not provided, and the case was referred back to the ACP coordinator.  The applicant’s promotion order was provided in CMS on 11 Jun 15.  His case was referred to the Defense Finance and Accounting Service (DFAS) on 15 Jun 15.  DFAS confirmed payment was made on 31 Jul 14 and a subsequent payment was issued on 31 Jul 15.  On 31 Oct 15, NGB/A1PF initiated a CMS action to cancel and recoup the ACP payments the applicant received.  DFAS established a debt of $43,750.00, which included partial recoupment for 2013 payment and full recoupment for 2014 and 2015 payments.  On 2 Nov 16, a CMS case was established to suspend debt collection to allow the applicant an opportunity to obtain a letter of indebtedness from the commander.  On 13 Dec 15 a CMS note from the 145 FSS indicated the applicant’s debt was reduced to $30,000.

Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice for the debt of $30,000.  However, the original debt of $43,750 was in error because the applicant was not supposed to be subject to recoupment for the payment made in 2013.  However, the subsequent annual payments in 2014 and 2015, totaling to the amount of $30,000, were made in error, and the applicant was not eligible to receive those payments. According to the FY 12 ACP Implementation Policy, recoupment and re-computation of ACP payments is required “if ACP is improperly paid through an administrative/records error.” Although it is agreed that the applicant’s ACP agreement was not cancelled in a timely manner, and there were multiple procedural errors in the cancellation process, the applicant was still not entitled to receive the additional payments of $30,000, and that amount should be recouped.

The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent copies of the Air Force evaluations to the applicant on 25 Sep 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendations of NGB/A1P and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04980 in Executive Session on 25 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 Dec 16
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1P, w/atch, dated 29 Jun 18.
Exhibit D:	Letter, SAF/MRBC, dated 25 Sep 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.