RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04460 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He receive Aviator Continuation Pay (ACP) for 2-years beginning Fiscal Year 2012 (FY12) – 1 Oct 11. _________________________________________________________________ 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, a copy of his special order, and a copy of his Individual Data Summary. 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 major. The applicant’s FY12 Navigator and Combat System Operator Aviator Continuation Pay (ACP) Agreement Statement of Understanding, dated 26 Mar 12, reflects he elected Option B - $15,000/Yr, effective 1 Oct 11. 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 made him ineligible because he no longer had the minimum agreement period of 2 years remaining on his order. He meets all other eligibility requirements and has provided the required documentation to show his eligibility. The complete NGB/A1PF evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: When he signed the ACP paperwork he was promised that he would be awarded the ACP, which was a big incentive and one of the reasons he signed the contract that he did. He understood the contract and understood that he was eligible for ACP. He realized that there would be a delay in the FY11 [sic] ACP, but it would not have an effect on him receiving the incentive pay. He respectfully requests to be paid the ACP that was guaranteed to him. The applicant’s complete submission is at Exhibit F. _________________________________________________________________ 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 on 1 October 2011, he submitted an Aviator Continuation Pay (ACP) agreement effective 1 October 2011 through 30 September 2013, thereby entitling him to $15,000 per year for the length of the agreement and that competent authority approved his application effective 1 October 2011. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04460 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 12 Mar 12, w/atchs. Exhibit C. Letter, NGB/A1PF, dated 10 Jan 13. Exhibit D. Letter, SAF/MRBR, dated 21 Jan 13. Exhibit E. Letter, SAF/MRB, dated 9 Apr 13. Exhibit F. Email, AFBCMR, dated 11 Jun 11. Exhibit G. Email, Applicant, dated 13 Jun 13.