RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02234 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The effective date of his Fiscal Year 2011 (FY11) Aviator Continuation Pay (ACP) contract be changed to 1 October 2010, the date his Active Guard Reserve (AGR) orders became effective. _________________________________________________________________ APPLICANT CONTENDS THAT: Eligibility guidance did not come out until 23 February 2011. He became eligible on 1 October 2010 when he received his initial AGR tour orders; however, he couldn’t sign a contract until the guidance release. As a result, he did not sign his ACP contract until 23 February 2011. In support of his appeal, the applicant provides copies of his ACP Statement of Understanding, Aeronautical Orders, Aviation Continuation Roster, Individual Data Summary, and his AGR active duty orders. 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) as a Mobility Pilot in the grade of captain (O-3). According to the orders provided by the applicant, his initial AGR active duty tour was effective 1 April 2008 to 15 December 2010. He was subsequently continued on active duty orders effective 15 December 2010 to 15 December 2014. On 23 February 2011, the applicant signed a FY11 Pilot ACP Agreement Statement of Understanding. The remaining relevant facts extracted from the applicant’s military service records are contained in the evaluation by the Air Force office of primary responsibility at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PF recommends denial. A1PF states that in accordance with the FY11 ANG ACP Policy, paragraph 2.1.4.1, in order for a member to be eligible to apply, they must “have completed at least ten years of service as a pilot following the completion of Undergraduate Pilot Training (UPT)…” According to the applicant’s Individual Data Summary, he graduated from UPT on 13 December 2001. This would make his initial date of eligibility start on 13 December 2011. Therefore, he is eligible to apply for ACP no earlier than 13 December 2011. The complete 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 26 August 2011 for review and comment within 30 days (Exhibit C). As of this date, this office has received no 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 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 office of primary responsibility and adopt their rationale as the basis for our conclusion that 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 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-2011-02234 in Executive Session on 23 February 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-02234 was considered: Exhibit A. DD Form 149, dated 13 Jun 11, w/atchs. Exhibit B. Letter, NGB/A1PF, dated 11 Aug 11. Exhibit C. Letter, SAF/MRBR, dated 26 Aug 11.