RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04059 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He receive Aviator Continuation Pay (ACP) for Fiscal Year 2012 (FY12), specifically 1 January 2012 through 11 October 2014 in the amount of $15,000 per year. _________________________________________________________________ APPLICANT CONTENDS THAT: He was eligible to receive ACP in FY12; however, the message authorizing ACP was not released until 24 Feb 12. In support of his request, the applicant provides a copy of a letter from NGB/A1PF, a copy of his FY12 Navigator and Combat System Operator Aviator Continuation Pay (ACP) Agreement Statement of Understanding, copies of his special and aeronautical orders, a copy of his Individual Data Summary, a copy of his ACP eligibility spreadsheet, and a copy of his Pilot Aviator Continuation Pay Agreement. His 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. The applicant’s FY12 Navigator and Combat System Operator Aviator Continuation Pay (ACP) Agreement Statement of Understanding, dated 18 Apr 12, reflects he elected Option B - $15,000/Yr, effective 1 Jan 12. On 11 Jun 12, AFBCMR sent the applicant the SAF/MRB Legal Advisory, dated 9 Apr 13, see Exhibit E. _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PF recommends approval. The release of the FY12 ACP policy was delayed until 24 Feb 12 and the applicant was not able to submit his application for ACP until after 24 Feb 12, which was outside the 30-day processing window that is allowed per the governing ANG FY12 ACP Policy. This delay was through no fault of the applicant’s and he meets all other eligibility requirements. The applicant provides the required documentation to show his eligibility. The complete NGB/A1PF evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He was under the impression that ACP was not authorized at the time he signed his contract only due to Congressional funding; however, once FY12 ACP was approved he would begin receiving the incentive pay (after submitting a request for correction of records). He was told that this had been done in the past and other officers in his Wing are in the same situation. The officers affected by the delayed ACP approval also had to submit a request for correction of records. Also attached is the e-mail history from what transpired at that time. The applicant’s complete submission, with attachments, is at Exhibit G. _________________________________________________________________ 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 or injustice. The applicant contends the delayed release of the Air National Guard (ANG) FY12 ACP policy unfairly precluded him from being able to execute a two-year ACP agreement even though he was otherwise qualified. After a thorough review of the evidence of record and the applicant’s complete submission, including his rebuttal response, we believe it is in the interest of justice to recommend granting the requested relief. While we note the comments of the SAF/MRB Legal Advisor indicating an applicant must prove by sufficient evidence that he or she is the victim of a serious injustice not shared by other, similarly situated officers, it is the opinion of the Board, that because the applicant signed the new ACP agreement as soon as the renewal became available, we find it reasonable to conclude that the applicant anticipated receiving the incentives outlined in the agreement. In this respect, we took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, we recommend his records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that competent authority approved his request for an Aviator Continuation Pay (ACP) contract for the period 1 January 2012 through 11 October 2014 at a rate of $15,000 annually, under the Air National Guard Fiscal Year 2012 ACP program. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04059 in Executive Session on 27 Jun 13, under the provisions of AFI 36-2603: , 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 14 Apr 12, w/atchs. Exhibit C. Letter, NGB/A1PF, dated 28 Aug 12. Exhibit D. Letter, SAF/MRBR, dated 9 Nov 12. Exhibit E. Letter, SAF/MRB, dated 9 Apr 13. Exhibit F. Letter, AFBCMR, dated 11 Jun 11. Exhibit G. Email Communications, Applicant, dated 18 Jun 13.