RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03636

XXXX X. XXXX	COUNSEL: NONE

	HEARING REQUESTED: YES 

APPLICANT’S REQUEST

His September 2018 Aviation Bonus (AvB) contract be extended from three years and eight months to four years.

APPLICANT’S CONTENTIONS

He signed the AvB contract erroneously under the belief that it was for a full four years at $30,000 per year, but instead the AvB contract was for three years and eight months. He received the last installment in the amount of $20,500 but was under the impression it would be the full annual payment of $30,000.  He was not aware AvB contracts could be prorated.  He will retire January 2023 and will remain in an active flying status.  He requests his AvB contract be extended to four years to allow him to receive the full $30,000.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force major (O-4).

The applicant’s report on individual personnel (RIP) shows he has a Date of Separation (DOS) of 31 January 2023 and his Core ID is 11R (Reconnaissance/Surveillance/Electronic Warfare Pilot). 

On 14 November 2018, the applicant signed a Fiscal Year 2018 (FY18) AvB Program Agreement, effective 10 September 2018, incurring an AvB Active Duty Service Commitment (ADSC) of 18 May 2022.  The applicant was to receive annual installments of $30,000 to expire at his 22 Years of Aviation Service (YAS).  According to the AvB Program Agreement, the applicant’s Aviation Service Date (AvSD) is 19 May 2000.  

On 20 October 2021, according to documentation provided by the applicant, the AvB Program Manager informed the applicant that due to his offered contract terms, his last installment was pro-rated from 10 September 2021 through 18 May 2022, based on his AvSD.  

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

AIR FORCE EVALUATION

AFPC/DP2SSM 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.  The applicant was eligible for the FY18 Expanded AvB Program under Tier 9 due to an approved Exception to Policy (ETP).  Under Tier 9, as a pilot, he was required to sign a 3-year minimum contract which extended him to 22 YAS.  The applicant’s $30,000 annual payment was based on his Core ID of 11R. The ETP request was due to the applicant not applying within the application window and requiring additional time to evaluate his bonus options.  He signed an AvB contract effective 10 September 2018 through 18 May 2022.  His final payment was paid on 10 September 2021, which comprised a prorated amount from 10 September 2021 through 18 May 2022 in the amount of $20,750.  He has been paid the total entitlement of his contract in that amount of $110,750.   

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 20 January 2022 for comment      (Exhibit D), and the applicant replied on 15 April 2022.  In his response, the applicant contended his six month deployment was extended to 12 months, and due to the operational tempo, he was unable to respond within the 30 day window.  Additionally, he does not challenge the facts AFPC/DP2SSM depicted in the advisory.  Due to the length of time involved, he cannot recall the precise reason for the delay which necessitated the ETP.  Furthermore, he erroneously assumed the contract was for four years similar to the previous one he signed.  He is ultimately responsible for reading and understanding any contract he signs; however, he requests that the Board retroactively extend his contract to four years.

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 AFPC/DP2SSM.  In this respect, while the applicant states he was unaware that his contract was not for a full four years and assumed it was similar to a previously signed contract, the Board notes his signed AvB Program Agreement indicating an expiration of its terms at his 22 Years of Aviation Service.  The applicant was properly compensated when his annual payment of $30,000 was prorated based on his Aviation Service Date.  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-2021-03636 in Executive Session on 19 April 2022 and 27 April 2022:

, 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 8 November 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSM, w/atchs, dated 19 January 2022.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 20 January 2022.
Exhibit E:	Applicant’s Response, w/atch, dated 15 April 2022.

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.