RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01901

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be authorized Fiscal Years 2019 (FY19) and 2020 (FY20) Aviation Bonus (AvB).

In the alternative, his FY18 AvB be extended to three years, to include 2018-2021. 

APPLICANT’S CONTENTIONS

Squadron personnel failed to provide proper notification of FY19/FY20 AvB eligibility, and the application was delayed significantly.  He has completed all terms and conditions of the requirements and requests payment of his rightfully earned bonus.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard (ANG) lieutenant colonel (O-5).

The applicant provided Military Personnel Appropriation (MPA) orders for the period 2 Dec 18-30 Sep 20.

The applicant provided his FY19 AvB Agreement Statement of Understanding, signed 13 Apr 20.

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

APPLICABLE AUTHORITY/GUIDANCE

Air National Guard (ANG) Fiscal Year (FY) 2019 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 six years of rated service following UFT.  Remotely Piloted Aircraft (RPA) pilots must have completed six 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 one 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 one year period, however, no payment will be made and agreement will be invalidated if one 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.  On 13 Apr 19, the applicant initiated a one-year agreement, through 12 Apr 20, at the $15,000 annual rate.  At that time, he was on a Voluntary Contingency order (MPA) Title 10.  The applicant could have signed a two-year agreement, but only set a term of one-year.  By signing the contract, the applicant acknowledged being briefed and understanding the terms.  

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 27 Apr 21 for comment (Exhibit D), and the applicant replied on 27 Apr 21.  In his response, the applicant contended he has been on continuous orders since 12 Feb 18, and on five different sets of orders since then, with zero breaks.  As a Drill Status Guardsmen (DSG) in the MQ-9 and RC-26 programs, he is on at maximum 366-day sets of orders.  The advisory statement “The member could have set the dates of the agreement for up to two years, but only set the term for one year” is incorrect, as identified by the FY19AvB policy, and because he was on maximum one-year sets of T-10/T-32 orders.  He is not allowed by ANG and his wing from signing anything but a one-year AVB contract, due to FY constraints for DGS Airmen.  

The applicant’s complete response is at Exhibit E.

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 not 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 does not substantiate the applicant’s contentions.  Fiscal Year 2019 Aviation Bonus Policy, Paragraphs 2 and 3.7.2, states that the agreement cannot be extended due to an extension of orders.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-01901 in Executive Session on 14 Apr 21 and 27 Apr 22:

, 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 16 Jun 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1P, dated 31 Mar 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 27 Apr 21.
Exhibit E:	Applicant’s Email response, dated 27 Apr 21.

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.