RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-05048

XXXXXXXX	COUNSEL: XXXXXXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Aviation Bonus (AvB) effective date be corrected from 1 May 19 to 13 Aug 18.

APPLICANT’S CONTENTIONS

Prior to starting service in the Air National Guard (ANG) he requested information about qualifying for an Aviation Bonus (AvB); however, the Retention Office personnel did not respond to his queries.  His squadron commander notified him he would qualify for AvB after his first year of service.  He began full-time service on 13 Aug 18, but did not apply at that time believing he would not qualify until a year had passed.  In Mar 19, he learned from other pilots he would qualify for the bonus. 

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

STATEMENT OF FACTS

The applicant is a currently serving as a lieutenant colonel (Lt Col/O-5) in the ANG.

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

APPLICABLE AUTHORITY

Air National Guard (ANG) Fiscal Year (FY) 2018 Aviation Bonus (AvB) Implementation Policy: 

Eligibility:

2.1.  AvB Eligibility.  To be eligible to enter into an AvB Agreement, an ANG rated officer must meet the following criteria:
2.1.1.  Rated Qualification.  Qualified for operational flying duty in accordance with AFI 11-401, Aviation Management, and AFI 11-402, Aviation Parachutist Service, Aeronautical Ratings and Aviation Badges.
2.1.2.  Aviation Pay.  Entitled to and receiving Aviation Incentive Pay (AvIP) under 37 U.S.C Section 334, Special aviation incentive pay and bonus authority for officers, DOD 7000.14-R Financial Management Regulation Vol 7A and AFI 11-421 Aviation Resource Management.
2.1.4.  Officer Service Commitment.  Have completed the Officer Service Commitment IAW ANGI 36-2101, Assignments Within the Air National Guard, Table 5.2. Rules 1-5.  For example, pilots must have completed at least 10 years of rated service following their Undergraduate Flying Training (UFT) graduation date.  Combat Systems Officer (CSO) and Air Battle Managers (ABM) must have completed 6 years of rated service following UFT.  Remotely Piloted Aircraft (RPA) pilots must have completed 6 years of rated service following UFT.  Members who Palace Chase must have at least 10 years of rated service for pilots and 6 years for CSOs, ABMs and RPA pilots.  Inter-service transfers must have completed the service obligation prescribed by the Military Service in which UFT was completed.
2.1.6.  AGR and Statutory Tour Orders (Verified by Tech ID).  Be assigned to an ANG Title 32 Full-Time Active Guard Reserve (AGR) or Title 10 Statutory Tour (Stat Tour) position, regardless of Aircrew Position Identifier (API) code.
2.1.7.  Drill Status Guardsmen (DSG).  Must have at least 1 year of full-time orders without a break in service in support of ACA/Alert Support, RPA, RC-26, Counterdrug (CD), Formal Training Unit (FTU), F-35 conversion missions or ANG staff positions.  At time of application, members do not need orders to cover the entire 1 year period, however, no payment will be made and agreement will be invalidated if 1 year of continuous full-time service is not completed by the agreement anniversary date.

Responsibilities:

3.6.  The AvB Coordinator.
3.6.2.  Determine which members meet eligibility requirements and recommend eligibility to commanders utilizing the Eligibility Roster.
3.6.3.  Ensure ANG members entering into an AvB agreement have a current order in hand at the time of application.  Order is not required to cover the full term of the agreement except as stated in paragraph 2.1.8 for Stat Tour personnel.
3.6.4.  Notify each eligible member 30 days prior to date of eligibility.
3.6.5.  Ensure the widest possible dissemination of FY AvB policy within 14 days of publication/release.
3.6.6.  Counsel each eligible aviator regarding program details, including obligation to serve in an active status in the ANG for the full period stated in the agreement and the financial penalties (including recoupment) if the member is unable to satisfy the terms of the agreement.
3.6.7.  Ensure all FY19 AvB agreements are signed on or before the agreement start date and no later than 31 December 2019.

3.7.  Individual Member.
3.7.1.  Eligibility.  The AvB program is not an entitlement, it is a unit force management tool. Member’s eligibility for AvB does not guarantee approval of their request.  Notify your AvB Coordinator in writing, if you are incorrectly identified as eligible or ineligible.
3.7.2.  Thoroughly read this policy and agreement prior to meeting with your AvB coordinator.
3.7.3.  Timely notification.  Advise your AvB Coordinator in writing within 30 days of notification of eligibility with your decision to accept or decline AvB, failure to do so may results in ineligibility.
3.7.4.  To accept or decline AvB.
3.7.4.1.  To accept AvB, complete and sign the applicable sections of the AvB Agreement and submit to the unit AvB Coordinator.
3.7.4.2.  To decline AvB, complete section 1 and 2 of the AvB Agreement, sign the declination section and submit to the unit AvB Coordinator.

4.1.  Payments.  AvB amounts will be paid in arrears.  Payments will be accomplished after completion of each annual term, upon validation that the member served in an active status with no break in service.

AIR FORCE EVALUATION

NGB/A1P recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice, in that, he was not notified in a timely manner by the ARP Coordinator as the request states.  However, the information the applicant eventually received was also incorrect.  There was a break in orders from 19 Dec 18 to 21 Dec 18, which disqualifies the applicant from the requested dates.  Additionally, he was enrolled in requalification and transition course during this time, and therefore ineligible for AvB until he was a fully qualified aircrew member.

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 9 Apr 20 for comment (Exhibit D), but has received no response.

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.  While the Board notes the recommendation of NGB/A1P against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions in part. Specifically, the applicant was not made aware of the eligibility requirements; nevertheless, he met all eligibility requirements.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  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 his request for an Aviation Bonus for the period 21 Dec 18 through 20 Dec 19 at a rate of $15,000 annually.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2019-05048 in Executive Session on 3 Jun 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 Sep 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1P, dated 12 Feb 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 9 Apr 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.