RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01816

XXXXXXXXXXXXXXX	COUNSEL: NONE
	
  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Fiscal Year 2019 Aviation Retention Bonus (AvB) contract effective date be 15 Dec 19. 

APPLICANT’S CONTENTIONS

He was hired as an Active Guard Reserve (AGR) on 15 Dec 19. At the time of hiring, he was not given the opportunity to sign up for the AvB. Having never entered into an Air National Guard (ANG) AvB contract, he was unaware of the paperwork required. The wing program coordinators were not aware he was a new AGR and never contacted him to sign a contract. According to the National Guard Bureau (NGB) implementation policy, the wing AvB coordinator is to determine which members meet eligibility requirements, make recommendations to commanders, ensure dissemination of the AvB policy and counsel eligible aviators regarding the program details. None of this happened.

Upon discovering the administrative error, just weeks before his one-year anniversary as an AGR,
he contacted the wing AvB program coordinator. A backdated FY19 AvB contract was signed by
the wing commander to NGB. However, NGB/A1PF denied the application and recommended he submit a BCMR application. If this error is not corrected, it will cost him $70,000. His leadership chain supports the correction to his record. The intent was to hire him into a 6-year AGR position with a matching 6-year AvB.

He submits a letter of support from the force support squadron (FSS) superintendent, dated 14 Dec
20.  The FSS superintendent states it was due to no fault of the applicant he was not afforded the opportunity to sign an FY19 AvB 6-year contract.    

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a lieutenant colonel (O-5) in the Air National Guard.

Per Order Number XXXXX dated 12 Nov 19, the applicant was placed on full time AGR tour from 15 Dec 19 to 14 Nov 25 per 32 U.S.C. § 502(f)(1). The applicant’s Air Force Specialty Code (AFSC) is 11F3H, Fighter Pilot.

He provides FY2019 Aviation Bonus (AvB) Agreement Statement of Understanding dated 15 Dec 19, requesting $35,000 for 2 to 6 years for AGR Statutory Tour for Pilot (11X). On 10 Dec 20, his wing commander approved the request for AvB.

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 approval. It was not an error on the applicant but due to the lack of communication within the unit. It was the duty of the AvB coordinator to contact all members eligible for the program; however, the applicant was not notified due to a lack of communication
between the personnel office and the AvB coordinator.

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 8 Sep 21 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.  The Board concurs with the rationale and recommendation of NGB/A1PF 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 his Fiscal Year 2019 Aviation Bonus (AvB) Agreement for two to six years AGR/Statutory tour for Pilot (11X), dated 15 Dec 19 was approved on 15 Dec 19. He be paid the annual rate of $35,000 for the period of 15 Dec 19 through 14 Dec 25.    

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-2021-01816 in Executive Session on 28 Sep 21 and 9 Oct 21:

 , 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 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1P, dated 19 Jul 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 8 Sep 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.