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ACCP YG93 - FY02 program
- Thread starter OldP3Guy
- Start date
MasterBates, user on the site, although he would have been more recent than FY01. What's your question? I can't remember the exact year they started the ADHSB, but it would seem like an FY01 ACCP would have been potentially inside considering the time to FOSx2 all within the 3 or 5 years. The NAVADMINs for ACCP FY01 and FY02 do NOT stipulate repayment because there was no ADHSB at that time. I don't think repayment clause came about until around FY06. If someone from FY01 or 02 had their ACCP stopped because they didn't screen for DH, then that would appear to be wrong. Now, if they had FOSx2, then they had to be approved for continuation in order to keep getting paid.
Brett
Brett
MasterBates
Well-Known Member
Are you talking YG01/02 guys who took the bonus in the 07/09 timeframe, or guys who took the bonus in 01/02. Makes a big difference.
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OldP3Guy
New Member
YG93 who took the bonus in FY01. I was in this group. Got the 50% lump sum + first 2 years missed the last payments and was told at the time it was because 'the intent is to retain officers through DH tour.'
YG94? had the ACCP rewrite (FY02?) which had the stipulation that if you didnt select for DH then payments stopped without recoup. P3 community was hurting for pilots up until 9-11 happened then there was a huge glut which prompted the ADHSB and rewrite of ACCP to include the DH tour requirement. I specifically remember a brief by the AirBoss on CVN-70 that the rewrite would only have apply to YG94 and beyond.
Fast forward several years, I am now a Govt Contract Manager. As I read through the contract I signed, nothing allows for the with-holding, or stoppage, of payments as long as I met the eligibility requirements. Sooooo, what's my next move as I am now retired? Board for Correction of Naval records?
YG94? had the ACCP rewrite (FY02?) which had the stipulation that if you didnt select for DH then payments stopped without recoup. P3 community was hurting for pilots up until 9-11 happened then there was a huge glut which prompted the ADHSB and rewrite of ACCP to include the DH tour requirement. I specifically remember a brief by the AirBoss on CVN-70 that the rewrite would only have apply to YG94 and beyond.
Fast forward several years, I am now a Govt Contract Manager. As I read through the contract I signed, nothing allows for the with-holding, or stoppage, of payments as long as I met the eligibility requirements. Sooooo, what's my next move as I am now retired? Board for Correction of Naval records?
MasterBates
Well-Known Member
I was 02YG, 2XFOS for LCDR, I'll find out this week If they stop payment. No payback just stop if they do.
I'd argue since I am not allowed to get out because of ACCP, I should still get my check, but then again, I have separation orders cut, so probably not.
My stop payment was stipulated on not screening for DH, but i have not been to the Dept Head board yet.
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I'd argue since I am not allowed to get out because of ACCP, I should still get my check, but then again, I have separation orders cut, so probably not.
My stop payment was stipulated on not screening for DH, but i have not been to the Dept Head board yet.
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FY02 ACCP NAVADMIN said:
If I were a sea lawyer (or a real one), the Navy can probably say "Well even though it wasn't spelled out explicitly in the FY02 NAVADMIN, the intent of the bonus was to keep people through their DH tours and since the ADHSB we've revised the wording to be more clear. Since you didn't fulfill the intent by completing a DH tour, then you were no longer elligible for the bonus payments."
Questions: How many years did you do once you were accepting the bonus? Were you on the 3 or 5 year plan? Do you know if you're the exception or the rule in this case?
From where I stand, this is going to be an uphill battle to even get them to hear your issue, especially this amount of time-late. I don't think BCNR is going to help with a pay issue, but who knows. You might try talking to the current PERS 432 guy and see what policy/guidance is for this.
Brett
OldP3Guy
New Member
Ya, we can go around and around about intent. If there wasnt enough DH slots to go around and I met all of the requirements, how's that my fault? Or more importantly how does that affect the contract if it wasnt a specific requirement? Also, why then rewrite the ACCP contract if it was already included?
I took the 5 year, got paid for 3 missed the last two. Maintained my currency thoughout the timeframe (5 years) so the only issue would be the DH tour.
As a counterpoint, the Navy did not release me from the 5 year commitment (and I asked), they just stopped the last 2 payments.
Either way, I have some free time now, plus enough government contract law knowledge and experience for this to be entertaining. I dont think I will succeed, just wondering which options or path I might be able to take and if anyone else is/was in the same boat.
I took the 5 year, got paid for 3 missed the last two. Maintained my currency thoughout the timeframe (5 years) so the only issue would be the DH tour.
As a counterpoint, the Navy did not release me from the 5 year commitment (and I asked), they just stopped the last 2 payments.
Either way, I have some free time now, plus enough government contract law knowledge and experience for this to be entertaining. I dont think I will succeed, just wondering which options or path I might be able to take and if anyone else is/was in the same boat.
I'm a YG95 guy and had the same thing happen--took the 5-year payout and didn't screen for DH. I haven't stirred the PERS hornet's nest about it because (and maybe I'm being paranoid here) they write my orders. The timing of my second DH board (back in '05, I think) was such that the results came out right around the 4th anniversery of my payment schedule, and I came into work one day and found a $12k indebtedness letter sitting on my desk. I called PERS and they were nice enough to drop the issue, but I still lost out on the final payment.
I'm with you and contend that it's not my fault the stipulation is not spelled out in the contract (and I'm guessing that if the situation were reversed, they'd hold me kicking and screaming to the letter of the contract). I've ran the issue by a couple JAGs over the years and none seemed enthusiastic about my chances. Please provide updates with whatever happens, whether you post it here or PM me.
I'm with you and contend that it's not my fault the stipulation is not spelled out in the contract (and I'm guessing that if the situation were reversed, they'd hold me kicking and screaming to the letter of the contract). I've ran the issue by a couple JAGs over the years and none seemed enthusiastic about my chances. Please provide updates with whatever happens, whether you post it here or PM me.
It's certainly an interesting issue. Seems like if the DH requirement it's not spelled out in your contract, then you might theoretically have a case, but what the Navy does in practice may be something entirely different. If cutting people off has been their SOP, then the institutional inertia is not in your favor. Definitely interested in the outcome though. I wonder if this issue was ever discussed when the cognizant officials were changing the policy. There might be an accompanying instruction or LOA generated when the hard DH screen requirement was added which covers this kind of thing. You might try searching the Navy Directives website (if you have access).
Brett
Brett
So did you get a payment?