RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00061

   	COUNSEL: NONE 
	
 	HEARING: NO

APPLICANT REQUESTS:

He receive Aviator Continuation Pay (ACP)/Aviation Bonus (AvB) repayment of all money recouped upon his retirement, and completion of his contracted payments. 

APPLICANT CONTENDS:

Per the National Guard Bureau (NGB) Instruction, the NGB does not require repayment of ACP/AvB when a member is involuntarily retired.   He was involuntarily retired, and should have been allowed to retain the payments associated with his ACP contract. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant served in the Air National Guard (ANG) in the grade of colonel.  

On 31 Oct 14, he received a Notice of Involuntary Curtailment, curtailing his AGR tour to 31 Mar 15. 

Under Special Order AA-0015, dated 7 Oct 14, the applicant was transferred to the Retired Reserve, effective 1 Apr 15.    

The applicant’s DD Form 214, Certificate Of Release Or Discharge From Active Duty, issued in conjunction with his 1 Apr 15 retirement reflects his narrative reason for separation as “Vol. Retirement:  Sufficient Service for Retirement with the corresponding separation code of RDP.  

According to the ANG FY 2000 ACP Implementation Guidelines, paragraph 2.5.1.2 states if an applicant applies and is approved by ANG/DP for voluntary retirement or separation before completing the ACP service commitment. Prior payment is recalculated using the daily prorated method and excess recouped. No future payments are authorized.

If the applicant is involuntarily separated (not initiated by the member) due to medical grounding, disability separation or retirement; twice nonselected for promotion; or separation due to selective retention under ANGI 36-2606.  Prior payment is not recouped. No future payments are authorized.

On 16 Jun 16, the applicant’s wing commander submitted a letter to DFAS stating that per ANGI 36-2606 collection action should not have been taken on the applicant’s ACP bonus as he was involuntarily separated.  Since no action should have been taken, the debt needs to be terminated and all collected monies need to be refunded to the applicant.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1P recommends granting the application.  The applicant entered an ACP agreement of $25,000 annually effective 16 Nov 99 through 25 years of aviation service.  His aviation service date was 22 Apr 92; therefore, his ACP agreement was projected to end 21 Apr 17.  

The Fiscal Year 2000 Aviator Continuation Pay (FY00 ACP) Implementation Guidelines, paragraph 2.5.1.3., states for a member who “is involuntarily separated (not initiated by the member) due to…separation due to selective retention under ANGI 36-2606.  Prior payment is not recouped.  No future payments are authorized.”  The applicant was involuntarily curtailed from his Active Guard and Reserve (AGR) position and therefore, through no fault of his own, was unable to complete his ACP agreement.  The member is entitled to full annual ACP/AvB payments for the period 16 Nov 14 through 15 Nov 15.  Recoupment is not required due to involuntary curtailment from his AGR position.

Should the Board elect to grant the request, the applicant’s record should be corrected by stopping all recoupment actions against the member’s annual payment received in 2014 and refunding all monies recouped for the period of 16 Nov 14-15 Nov 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 2 Jul 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:

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/A1P 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:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show on 1 April 2015, the Secretary determined he was not obligated to reimburse the United States Government for Aviator Continuation Pay (ACP) he received for the period 16 November 2014 through 15 November 2015 and no future payments beyond 15 November 2015 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-2017-00061 in Executive Session on 15 Aug 18:

Panel Chair  
Member
Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1P, dated 25 Jun 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 2 Jul 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2017-00061.