RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01895

XXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His Fiscal Year 2021 (FY21) Aviation Bonus (AvB) Agreement for the period of 2 Oct 21 through 1 Oct 22 be approved.    

APPLICANT’S CONTENTIONS

The AvB coordinator took over seven months to communicate and process his FY21 AvB agreement.  He did his due diligence by signing the agreement and following up with several phone calls and e-mails to the AvB coordinator, but due to a lack of training and administrative errors the coordinator failed to process his agreement before the deadline.  He fully met the AvB Policy eligibility requirements and through no fault of his own his submission was delayed and rejected because it was submitted outside the eligibility window.    

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 2 Oct 21, according to FY21 Aviation (AvB) Agreement (Statement of Understanding) provided by the applicant, he signed and requested a Tier 3 AvB contract for $15,000 a year for one to two years.  The effective start and end date of the agreement is from 2 Oct 21 to 1 Oct 22.  

On 24 Oct 22, a pull from the Military Personnel Database System provided the applicant’s Point Credit Summary report, which shows that he has been on a continuous active duty status for his Retention and Retirement year 29 May 21 through 28 May 22 and has continued in that status through 15 Oct 22.   

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 granting the application. On 2 Oct 21, the applicant signed a Tier 3 AvB agreement for the period of 1 Oct 21 through 30 Sep 22 at the annual rate of $15,000 per year.  While the applicant forwarded his request to the AvB coordinator for processing, the coordinator did not submit the request until 11 May 22, which was after the effective end date of 31 Dec 22.  Based on the applicant’s orders, he was eligible to enter an agreement and the delayed submission was not his fault. Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice due to process errors at the unit.

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 17 Oct 22 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/A1P and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

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 pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show his Fiscal Year 2021 Tier 3 AvB agreement for the period of 1 Oct 21 through 30 Sep 22, 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-2022-01895 in Executive Session on 17 Nov 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 7 Jul 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1P, dated 23 Aug 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 17 Oct 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.