RECORD OF PROCEEDINGS

IN THE MATTER OF:                                    DOCKET NUMBER: BC-2015-03761

 XXXXXXXXXXXX                                         COUNSEL: NONE

                                                                                       HEARING: NO

APPLICANT REQUESTS THAT:

He be entitled to retroactive Aviator Retention Pay (ARP) for the period 16 Apr 12 to 22 Jul 15.

APPLICANT CONTENDS THAT:

He only became aware of his eligibility for ARP while assigned to Headquarters AF Special Operations Command (AFSOC) via an internal email forwarded to him from AFSOC/A1K. He contacted his servicing Military Personnel Flight (MPF) [sic]; however, they were unable to confirm whether or not he qualified for ARP. Subsequently, after speaking with personnel at the National Guard Bureau (NGB) he was informed that he did in fact qualify for ARP. In addition, he was informed that he missed the 2012 ARP “deadline” and therefore, did not qualify for the four year $25,000 per year contract, but instead needed to apply for the 2-4 year $15,000 per year contract.

He meet the eligibility requirements and qualifications for the four-year ARP, and would have applied had he been aware of the program.

As his only recourse, he completed the FY13 ARP contract; however, it was never processed or submitted to the “ARP” agency. He made numerous inquiries regarding the status of his application and payout, but never received a real explanation (other than it was an administrative oversight) on what happened.

In Sep 14, he received an email asking why he did not get an ARP agreement when he initially processed it during his initial Statutory Tour in 2012.

He should have been able to submit an ARP agreement based on his original order start date of 16 Apr 12 and end date of 15 Apr 16, and would have qualified and been paid the $25,000 per year agreement totaling $100,000. Once he pinned on colonel (22 Jul 15), he was no longer eligible for the ARP program, so he assumed a total payout would be prorated and total something less  than
$100,000. He delayed submitting his package until he arrived at his next duty station and after receiving his promotion order. His effective dates met the fall 06 promotion board and waited until the results were released before taking any action on this, knowing it would be more cut and dry as far as a specific eligibility timeframe, whether or not he got promoted or not.

He is not asking to be “rewarded” through the ARP, but if there is an incentive program already in place and fellow eligible pilots and aircrew are receiving the entitlement, he simply wants to be included.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a member of the Air National Guard serving in the grade of colonel.

Documentation provided by the applicant reflects that on 11 Apr 12, he was placed on an Active Guard Reserve tour from 16 Apr 12 through 15 Apr 16.

According to the FY13 Pilot ARP Agreement/Statement of Understanding (SOU), provided by the applicant, on 25 Sep 13, he signed his FY13 ARP SOU with an effective date of 21 Jun 13 through 21 Jun 15 at $15,000/per year. For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1PF recommends granting the application, indicating he is eligible for full back pay at
$25,000.00 per year and prorating his final year upon his promotion to colonel on 22 Jul 15. The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 13 Jun 16 for comment (Exhibit D), but has received no response.

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), as well as, the MRB Legal Advisory on 23 Nov 16, for review and comment (Exhibit E), but has received no response.
THE BOARD CONCLUDES THAT:

1.	The application was timely filed.

2.	The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.	After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error or injustice. The Board concurs with the rationale and recommendation of NGB/A1PF and finds that a preponderance of the evidence substantiates the applicant’s contentions. Therefore, the Board recommends the applicant’s records be corrected as 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 competent authority approved his request for Aviator Retention Pay (ARP) for the period of 16 April 2012 through 22 July 2015, at $25,000.00 per year and prorated the final

year of his contract.  Air National Guard Fiscal Year 2012 Aviator Continuation Pay,   paragraph
2.5.5 states; is promoted (“pinned on”) to Colonel. No recomputation or recoupment is required; no further payments are authorized.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2015-03761in Executive Session on 25 Jan 17 and 21 May 18:

, Panel Chair,
, Panel Member 
, Panel Member

A majority of the panel voted to correct the record. XXXXXX voted not to correct the record. XXXXXX did not provide a minority opinion.  The panel considered the following:

Exhibit A: Application, DD Form 149, w/atchs, dated 27 Aug 15.
Exhibit B: Documentary evidence, including relevant excerpts from official records. Exhibit C: Advisory opinion, NGB/A1PF, dated 23 May 16.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 13 Jun 16. Exhibit E: Notification of Advisory, SAF/MRBC, to applicant, dated 23 Nov 16.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.