RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02191 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that his Aviator Continuation Pay (ACP) contract started on 1 Oct 10, the date his Active Guard/Reserve (AGR) orders became effective. _________________________________________________________________ APPLICANT CONTENDS THAT: On 1 Oct 10, he became eligible for ACP when he received his initial AGR tour orders. No contract could be signed until the Fiscal Year 2011 (FY11) release of the ACP policy. On 23 Feb 11, he signed the ACP contract. In support of his request, the applicant provides copies of his initial AGR order, aeronautical orders, DD Form 214, Certificate of Release or Discharge from Active Duty, FY11 ACP Agreement Statement of Understanding (SOU), and Aviator Continuation Roster. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant is currently serving in the New Jersey Air National Guard (ANG) in the grade of captain (0-3), having assumed that grade effective and with a date of rank of 2 Nov 04. The applicant was initially ordered to extended active duty from 1 Oct 10 to 30 Sep 13. His orders were later amended to extend his tour by changing the end date of his tour from 30 Sep 13 to 30 Sep 14. In accordance with the FY11 ANG ACP Implementation Policy, members must have completed at least 10 years of service as a pilot following the completion of Undergraduate Pilot Training (UPT), Specialized Undergraduate Pilot Training (SUPT), Joint Specialized Undergraduate Pilot Training (JSUPT), Undergraduate Pilot Training-Helicopter (UPT-H), Euro-North Atlantic Treaty Organization Joint Jet Pilot Training (ENJJPT) or Fixed Wing Qualification (FWQ) for “sister service” accessions. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PF recommends denial. A1PF states according to the applicant’s Individual Data Summary, he graduated from UPT on 7 Jun 01. This would make his initial date of eligibility for ACP 7 Jun 11. The complete A1PF evaluation is at Exhibit C. NGB/A1PS concurs with the NGB Subject Matter Expert’s (SMEs) advisory and therefore recommends denial. The complete A1PS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: Copies of the Air Force evaluations were forwarded to the applicant on 26 Aug 11 for review and comment within 30 days (Exhibit E). As of this date, this office has not received a response. _________________________________________________________________ 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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis for us to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2011-02191 in Executive Session on 3 Nov 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Jun 11, w/atchs. Exhibit B. NGB/A1PF, Letter, dated 11 Aug 11. Exhibit C. NGB/A1PS, Letter, dated 17 Aug 11. Exhibit D. SAF/MRBR, Letter, dated 26 Aug 11.