RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04589 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded two years Aviator Continuation Pay (ACP) for the period of 1 October 2012 through 30 September 2014. APPLICANT CONTENDS THAT: He has been on Title 10 orders since 1 October 2012 in support of OPERATION ENDURING FREEDOM. Due to the uncertainty of the amount of time he would be activated, he never received ACP. He made contact with the Aviator Retention Pay coordinator every 30 days attempting to get published guidance. The National Defense Authorization Act (NDAA) and Fiscal Year 2013 (FY13) ACP program was delayed and as result, he was ineligible. He was also told that he needed to be on a two year long over-arching set of orders to sign up for ACP. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is a member of the Air National Guard (ANG) serving in the grade of lieutenant colonel. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit B. AIR FORCE EVALUATION: NGB/A1PF recommends denial. The ANG FY13 Aviator Retention Pay (ARP) was approved on 7 June 2013, at which time the ANG allowed for officers to submit applications for ARP agreements. The ANG FY13 ARP Implementation Policy details eligibility requirements for ANG members and para 2.1.7 states members must “Be eligible for at least two continuous years of full time duty upon acceptance of an ARP Agreement”. It further states in para 2.1.10, that “flying remotely piloted aircraft (RPA) (11U ONLY) pilots currently restricted to 1 year orders are eligible to apply for 2 year agreements with a 1 year order and a Memo For Record (MFR) signed by the Wing/CC, ANGRC/CC, or 1 AF/CC (Attachment 5) showing intent for follow-on orders.”. By FY13 ARP eligibility standards, the applicant would need orders and/or a MFR signed by his Commander, covering the minimum period of 7 June 2013 through 6 June 2015 to enter an ARP agreement. He provided three sets of orders covering the period of 15 November 2012 – 30 September 2014 and therefore is 45 days short of his requested start date and 8 months short of meeting eligibility requirements. The applicant’s request to back date his agreement to 1 October 2012 in order to meet the minimum eligibility requirements should also be also denied. As stated in the named policy, “The FY13 ANG ARP Implementation Policy is effective on the date signed by the Secretary of the Air Force for Manpower and Reserve Affairs (SAF/MR). No agreement can be written or backdated prior to that date.” ARP is a retention bonus, which by nature is an incentive intended to modify an officer’s future conduct. Regrettably, it is not possible to execute an incentive for past conduct, therefore backdating ARP agreements is not in keeping with Congressional intent as authorized by 37 U.S. Code § 334 - Special Aviation Incentive Pay and Bonus Authorities for Officers. A complete copy of the NGB/A1PF evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy the Air Force evaluation was forwarded to the applicant on 5 October 2015 for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: The applicant was provided copies of documents describing a recent decision by the Secretary of the Air Force (SecAF) pertaining to Aviator Continuation Pay (now Aviator Retention Pay) on 13 November 2015, for review and comment within 30 days. To date, a response has not been received. The complete AFBCMR memorandum, with attachments, is at Exhibit D. 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, sufficient evidence has not been presented to conclude he is the victim of an error or injustice that would warrant corrective action. In this respect, as noted by NGB/A1F, the applicant did not submit sufficient documentation to demonstrate his entitlement to ARP through provision of appropriate orders and a commander’s memo demonstrating service during the mobilization period plus the intent to keep him on continuous active duty through June 2015, the two year period following the date when he should have submitted and had approved the ARP Agreement. Additionally, the Board notes that ARP is an incentive program, not an entitlement and true incentives influence decisions about the future. Therefore, correcting the applicant’s records to reflect a backdated ARP agreement essentially offers an incentive to an officer for a decision he has already made and provides a retention bonus for a period of service already served. In the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2014-04589 in Executive Session on 12 November 2015 and 26 April 2016 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04589 was considered: Exhibit A.  DD Form 149, dated 30 September 2014, w/atchs. Exhibit B.  Memorandum, NGB/A1PF, dated 22 September 2015. Exhibit C.  Letter, SAF/MRBR, dated 5 October 2015. Exhibit D.  Memorandum, AFBCMR, dated 13 November 2015, w/atchs.