RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04724

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

She receive an Aviation Bonus (AvB) for Fiscal Year 2018 (FY18).

APPLICANT’S CONTENTIONS

She was on orders from Apr 2018 through Oct 19, submitted orders and paperwork, but was advised she was ineligible and should wait until 2019 to apply.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is a captain (O-3) in the Air National Guard.

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 met all eligibility requirements and submitted all required paperwork to the AvB coordinator; however, the AvB coordinator did not follow through in their duties as required.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 25 Jun 20 for comment (Exhibit D), and the applicant replied on 25 Jun 20.  In her response, the applicant disagreed with the NGB recommended dates of 22 Dec 18 through 21 Dec 19.  She contended she originally called her AvB manager on 13 Apr 18, which is when she was told she was not eligible.  When she was told she was ineligible for the program due to being in Weapon School from Apr through 16 Jun 18, she did not pursue the issue further.  She attempted again in Dec 18, submitting orders and paperwork, but was told she was still ineligible and would have to wait until 2019.  However, because she was on continuous orders, she should have been eligible for the 2018 and 2019 AvB in Apr.  If the bonus is not backdated to 13 Apr 18, it will overlap with her current 2019-2020 AvB date, which started on 13 Apr 19.  The applicant’s complete response, with attachments, is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION

NGB/A1P recommends granting the application and provided a revised advisory addressing the applicant’s concerns with the previously recommended agreement dates.  The earliest date that she was eligible for the Fiscal Year 2018 (FY18) Tier 3 AvB was 18 Jun 18.  A recommendation of instating an agreement from 18 Jun 18 to 17 Jun 19 will overlap with another agreement dated from 13 Apr 19 to 12 Apr 20.  If the initial recommendation is granted, then a follow-on recommendation is to adjust the dates of the latter agreement from 18 Jun 19 to 17 Jun 20.

The complete advisory opinion is at Exhibit F.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION

The Board sent a copy of the additional advisory opinion to the applicant on 2 Jul 20 for comment (Exhibit G).  On 2 Jul 20, the applicant replied indicating her concurrence with the OPR recommendation (Exhibit H).

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1P and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show competent authority approved her request for an Aviation Bonus for the periods 18 Jun 18 through 17 Jun 19 at a rate of $15,000 annually; and 18 Jun 19 to 17 Jun 20 at the rate of $15,000 annually.

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-2019-04724 in Executive Session on 15 Jul 20:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1P, dated 19 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 25 Jun 20.
Exhibit E:	Applicant’s response, w/atchs, dated 25 Jun 20.
Exhibit F:	Additional Advisory opinion, NGB/A1P, dated 1 Jul 20.
Exhibit G:	Notification of advisory, SAF/MRBC to applicant, dated 2 Jul 20.
Exhibit H:	Additional Applicant’s response, dated 2 Jul 20.

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