BOARD DATE: 27 July 2017 DOCKET NUMBER: AR20160009267 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 July 2017 DOCKET NUMBER: AR20160009267 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 27 July 2017 DOCKET NUMBER: AR20160009267 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his Total Operational Flying Duty Credit (TOFDC) Worksheet and all supporting documents to show he completed 97 months of TOFDC. 2. The applicant states correction of his TOFDC will take him off conditional Aviation Career Incentive Pay (ACIP) orders and put him on track to meet his 18-year gate. 3. The applicant provides: * TOFDC Worksheet, dated 27 January 1999 * DD Form 2808 (Report of Medical Examination), dated 2 July 2008 * Orders 254-02, dated 10 September 2008 * DA Form 1059 (Service School Academic Evaluation Report), dated 8 January 2009 * DA Forms 4497 (Interim (Abbreviated) Flying Duty Medical Examination), dated 18 May 2010 and 21 July 2011 * Orders 268-2, dated 24 September 2012 * DA Forms 759 (Individual Flight Record and Flight Certificate-Army) * Officer Evaluation Reports 4. The applicant also provides excerpts from the following Regulations: * Army Regulation (AR) 600-105 (Aviation Service of Rated Army Officers) * U.S. Army Reserve (USAR) Pamphlet 37-1 (Finance Guide for USAR Soldiers) * Department of Defense Financial Management Regulation (DODFMR). CONSIDERATION OF EVIDENCE: 1. After having prior enlisted service in the Army National Guard (ARNG), he was appointed as a warrant officer one (WO1) in the ARNG on 27 January 1999. 2. His aviation service entry date (ASED) is listed as 8 February 1999. 3. On 15 June 2000, he successfully completed the Aviation Warrant Officer Basic Course and he was awarded primary military occupational specialty (PMOS) 153BO (UH-1 Pilot). 4. On 1 January 2001, he was promoted to chief warrant officer two (CW2). 5. Orders 254-02 issued by the National Guard Bureau, dated 10 September 2008, show he was authorized ACIP effective 23 July 2008. 6. Orders 268-2 issued by the U.S. Army Human Resources Command (HRC), dated 24 September 2012, show he was authorized ACIP effective 8 February 2011. The additional instructions state: * Aviator accrued 59 months of TOFDC as of 8 February 2011 * failed 12-year gate * Soldier is to submit this order to his servicing Finance and Accounting Office 7. During the processing of this case an advisory opinion was obtained from the Chief, Incentive Pay Branch, HRC, dated 11 October 2016, who recommended denial of the applicant's request. The Incentive Pay Branch Chief stated: a. An audit of the applicant's TOFDC was conducted on 24 August 2012 in accordance with AR 600-105 to determine his eligibility to receive ACIP on a continuous or conditional basis. His official records were incomplete and a request was sent by email for the missing records to complete the audit. The email was sent to both his Army Knowledge Online (AKO) address and to his personal yahoo.com account. He did not reply to the email within 30 days; consequently, his audit was completed with the data available and a total of 59 months of TOFDC was awarded. b. In accordance with AR 600-105, table 3-1, the applicant failed to meet the 12-year gate requirement of 96 months of TOFDC to remain eligible for continuous ACIP. He became a conditional ACIP aviator effective 8 February 2011 and must meet the requirements outlined in AR 600-105, paragraph 3-1c to receive ACIP. c. At the Board's request, the applicant's audit was reviewed again and an additional 45 months of TOFDC was awarded for a total of 94 months, which is still two (2) months short of meeting the 12-year gate requirements to qualify for continuous ACIP. He still remains eligible for ACIP on a conditional basis and must meet the requirements of AR 600-105, paragraph 3-1c. 8. On 20 April 2017, the advisory opinion was forwarded to the applicant for his acknowledgement and/or response. No response was received. REFERENCES: AR 600-105, chapter 3, covers ACIP. It states that officers entitled to ACIP include those who are in the grade of WO1 through colonel and are entitled to basic pay, remain qualified for aviation serve, have an aeronautical rating or are student officers in training in the qualification course leading to the award of an aeronautical rating, and serve in operational aviation positions accumulating operational duty credit and/or meet monthly flight requirements. a. Continuous ACIP. Army Aviators qualified for aviation service are entitled to continuous ACIP for 12 years following their ASED as long as they remain qualified. Table 3-3 applies to persons who qualify for continuous ACIP. b. Monthly ACIP. Aviators who remain in the rated inventory but fail to meet the criteria for entitlement to continuous ACIP in table 3-1 may receive conditional ACIP while serving in an operational flying position. The pay rate will be the same as for continuous ACIP. These aviators must meet the monthly flight or banking minimums prescribed in the DODFMR. c. A TOFDC audit will be completed by the HRC Incentive Pay Branch not later than 12 months prior to each gate. HRC's audit will be the audit of record for calculation of TOFDC. Officers who dispute the findings may appeal the audits through the HRC Incentive Pay Branch. Dispute appeals must be filed within 24 months of the close of the gate in question. d. Table 3-1 (Gate criteria for continuous ACIP) shows for the 12-year gate, 96 months or greater of TOFDC is required to receive 18 years of continuous ACIP. e. Gates are determined from the year computed from the ASED in an aviators aviation career; i.e.; 12th and 18th year. DISCUSSION: 1. The applicant requests correction of his records to show he completed 97 months of TOFDC. 2. The evidence of record shows the applicant was in his 12-year gate based on his ASED date of 8 February 1999. On 24 August 2012, HRC stated the agency conducted an audit of the applicant's TOFDC, but his records were incomplete. After email messages were sent to his AKO and personal email account to no avail, an audit was completed with the data available and a total of 59 months of TOFDC was awarded. Based on his application to this Board, HRC conducted a second audit and awarded him an additional 45 months of TOFDC for a total of 94 months of TOFDC. 3. In accordance with the applicable regulation as cited above, for the 12-year gate for continuous ACIP, 96 months or greater of TOFDC is required. Since the applicant’s records show he only completed 94 months of TOFDC, he failed to meet the 96-month requirement for continuous ACIP as required by regulation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009267 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009267 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2