RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01998

XXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Fiscal Year 2021 (FY21) Tier 3 Aviation Bonus (AvB) Agreement be approved.    

APPLICANT’S CONTENTIONS

He completed all the actions for his FY21 AvB agreement in good faith.  However, due to circumstances outside of his control the AvB agreement was not submitted within the required timelines.   

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 20 Oct 21, according to FY21 AvB Agreement (Statement of Understanding) provided by the applicant, he signed and requested a Tier 2, Option 2 AvB contract for $15,000 a year for one year to one year and eleven months.  The effective start and end date of the agreement is from 20 Oct 21 to 19 Oct 22.  

On 30 Sep 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 27 May 22 and has continued in that status through 15 Sep 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.  The applicant completed an AvB agreement for a Tier 2, Option 2, at $15,000 annually for the period 20 Oct 21 through 19 Oct 22.  Per ANG AvB Policy, packages must be submitted within 30 days of the member’s signature; however, the coordinator failed to obtain the wing commander’s approval and signature before submitting the package to NGB/A1PF, who referred the package back to the unit for corrections on 31 Dec 21, which was the last effective date of the FY21 policy. A new agreement for a Tier 3 agreement at $15,000 annually for the period of 01 July 2021 to 30 June 2022 was later submitted to NGB/A1PF via CMS on 09 Feb 22, which is also beyond the effective end date for FY21 policy.  Since the applicant was also eligible during the time-period of the updated AvB agreement, NGB/A1PF recommends correcting the record by providing him a Tier 3 contract at the amount of $15,000 per year for the period of 1 Jul 21 through 30 Jun 22.  

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 23 Sep 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.

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 Aviation Bonus (AvB) agreement for the period of 1 July 2021 through 31 June 2022, 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-2022-01998 in Executive Session on 20 Oct 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 4 Aug 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1P, dated 15 Sep 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 23 Sep 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.