RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04106 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be approved for Aviator Retention Pay (ARP) effective 1 Aug 12. APPLICANT CONTENDS THAT: The delay of his ARP application was out of his control. He was a new accession and the commander did not see his ARP application until 9 months after his eligibility. On 28 Jan 14, he amended his application to state that due to the lag time of the service date verification (120 days from accession on statutory tour), his ARP agreement did not get approved until May 13. It was out of his control to expedite the process allowing for payment within the agreement year. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to Special Order AA-0000306 dated 31 May 12, the applicant was placed on Extended Active Duty (EAD) for the period of 1 Aug 12 through 31 Jul 16. According to his FY12 ARP Agreement Statement of Understanding (SOU), on 2 Aug 12, he requested Option B, 2-4 years with payment of $15,000 annually for the period of 1 Aug 12 through 31 Jul 16. His ARP application was approved on 30 May 13. Per the SOU, Item 3, Note 2, agreement length cannot exceed 18 years Total Active Federal Military Service (TAFMS). The applicant’s TAFMS is 30 Jun 97. AIR FORCE EVALUATION: NGB/A1PF recommends approval of the applicant’s request that he be permitted to request, execute and be paid for FY12 ARP agreement effective 1 Aug 12 through 30 Jun 15 at $15,000 per year. The applicant was ordered to active duty from 1 Aug 12 through 31 Jul 16 and this period would have allowed him to enter into an FY12 ARP agreement. However, due to substantial administrative delays he was unable to submit his ARP application until after May 13. Except for this delay, the applicant meets all other eligibility requirements. The complete copy of the A1PF evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He started a new statutory tour on 1 Aug 12 and became eligible for the four year FY12 ARP program. According to NGB/HR, as a new accession it took until May 13 for eligibility data verification. NGB/HR worked with him to submit his application to the Board explaining his eligibility start date was 1 Aug 12. He is hoping to gain clarity and resolution as it seems like a simple eligibility date clarification. The applicant’s completion submission is at Exhibit E. 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 to warrant relief. As pointed out by the Air Force Office of Primary Responsibility (OPR), the applicant’s submission for an FY12 ARP agreement was substantially delayed due to administrative reasons beyond his control. Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, in the interest of justice we recommend the applicant's records be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his request for an Aviator Retention Pay (ARP) contract was approved for the period of 1 Aug 12 through 30 Jun 15 at a rate of $15,000 annually, under the Air National Guard Fiscal Year 2012 ARP program. The following members of the Board considered AFBCMR Docket Number BC-2013-04106 in Executive Session on 20 Jan 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as indicated. The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 9 Jul 13 and 28 Jan 14, w/atchs. Exhibit B. Memorandum, NGB/A1PF, dated 5 May 14. Exhibit C. Letter, SAF/MRBR dated 28 Jun 14. Exhibit D. Letter, SAF/MRBR, dated 28 Jun 14, w/atchs. Exhibit E. E-mail, Applicant, dated 1 Dec 14. 1 2