RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03327

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Fiscal Year 2020 (FY20) Aviation Retention Bonus (AvB) Agreement be effective 31 Mar 20.  

APPLICANT’S CONTENTIONS

On or about Mar 20, the FY20 Aviation Bonus (AvB) agreements and payments were submitted after the deadline due to an oversight by the base AvB coordinator.  The applicant is eligible for this entitlement and the error was at no fault of the member.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard lieutenant colonel (O-6).

Per Special Order Number XXXXX dated 17 Mar 20, the applicant was on Full Time National Guard (FTNG) Duty-Active Guard Reserve-Initial Tour in accordance with 32 U.S.C. § 502(f)(1), 32 U.S.C. § 38 for the period of 1 Apr 20 to 31 Dec 21.   

The applicant’s report on individual personnel printout (RIP) shows he is an Aircraft Commander.  

The applicant provides FY20 AvB Agreement Statement of Understanding dated 31 Mar 20, showing he requested an AvB contract with an annual amount of $15,000 for one to two years for serving on one year of orders or Active Guard Reserve (AGR)/statutory tour as a pilot for the period 1 Apr 20 to 1 Apr 21.

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

AIR FORCE EVALUATION

NGB/A1P, recommends granting the application.  The applicant is eligible for an AvB for the period of 1 Apr 20 through 31 Mar 21 at the rate of $15,000 per year.  On 31 Mar 20, the AvB agreement was signed by the applicant with endorsements by the AvB Coordinator and the Wing Commander on 1 Apr 20.  It was then incumbent on the AvB Coordinator to submit the agreement through CMS within 30 days of signature.  However, the AvB agreement was not submitted by the deadline due to an oversight by the base AvB Coordinator.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice.

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 15 Mar 22 for comment (Exhibit C), 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.  The Board concurs with the rationale and recommendation of NGB/A1P and finds a preponderance of the evidence substantiates the applicant’s contentions.  The board notes the applicant was eligible for an Aviation Retention Bonus (AvB) for the period of 1 Apr 20 through 31 Mar 21 at the rate of $15,000 per year and a fully endorsed AVB agreement was completed.  However, an oversight by the AvB coordinator prevented the agreement from being submitted within thirty (30) days of signature.  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 APPLICANT be corrected to show his Fiscal Year 2020 Aviation Bonus (AvB) Agreement for the period of 01 April 2020 through 31 March 2021, at the rate of $15,000 per year, was approved. 

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-2021-03327 in Executive Session on 19 Apr 22:

, 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 6 Jun 21.
Exhibit B:	Advisory opinion, NGB/A1P dated 16 Feb 22.
Exhibit C:	Notification of advisory, SAF/MRBC to applicant, dated 15 Mar 22.

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.