ACCP YG93 - FY02 program

[MasterBates]

Nope. I can fight a contract battle with NPC, but depends on how a judge would interpret some parts of Title 10. No, JAG won't help. I asked.

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[Brett327]

Nope. I can fight a contract battle with NPC, but depends on how a judge would interpret some parts of Title 10. No, JAG won't help. I asked.

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You can't honestly hope/expect to get a check when you've separated (even on terminal leave). What would be the basis for your contract dispute?

Brett

 

[insanebikerboy]

Talk to your congressional representatives, see what help they can give.

 

[Brett327]

Since DH screen failure recoupment started in FY05, I don't see how he has a leg to stand on, but maybe I'm missing something. Even under the old system, if you FOSx2 and didn't make the continuation board, your payments stopped.

 

[MasterBates]

Because, per the contract I signed, I have taken no action to make myself ineligible, nor hit the stipulated wicket for stopping my payments.

I was/am not allowed to resign prior to 1 MAR 2012 unless I pay back the money. They are holding me to my end of the contract, with all penalties, without paying the agreed upon sum.

Yes, I can see the "reasonable man" about not getting paid, but they would not let me leave when i needed to in order to take a very lucrative contracting job either.

They can't have it both ways.

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[HAL Pilot]

A contract is a contract. They owe you even if it doesn't make sense. But probably a losing battle not worth fighting - at least until you're off terminal leave and there can be no unwanted reprecussions.

 

[helolumpy]

A contract is a contract. They owe you even if it doesn't make sense. But probably a losing battle not worth fighting - at least until you're off terminal leave and there can be no unwanted reprecussions.

While I don't have a dog in the fight here, the contract is the Aviation Career Continution Pay (ACCP), MB is not continuing his Aviation Career. Regardless of the reasons (his choice or Navy's choice) I can see the Navy saying that they are not making a Career Continution payment for someone who no longer has a Career.

But like we tell all the OCS/Flight School posters, if you don't apply then your chances are 100% No. Apply and let the Navy tell you No.
Good luck MB, but if I think the Vegas odds on you getting money is not in your favor.

 

[MasterBates]

It's not the not getting paid that's really pissing me off. It's the being held go the serve until last day possible or payback the money that does not sit well. Granted, I'm spending most of the time on terminal leave, but I had to pass on a lucrative contract job that required me to be 100% out by 1 JAN. I'm holding up my end and not getting paid.

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[Brett327]

You guys crack me up. It's pretty cut and dried, you didn't screen for DH. It doesn't matter if you "took no action", you're ineligible for DH. It doesn't matter if you actually FOSx2, or just resigned. Continued bonus payments are contingent on you screening for and completing a DH tour.

Edit: the payment you would have had to pay back if you would have left before March was contingent on you completing that year. I really don't get the thrust of your argument here. Besides, from what you've claimed, you're already enjoying a "lucrative" contract, so what's the big deal?

If you really had a legal leg to stand on, you'd take it to court. Seems like the $25K payoff would make that process worth your while. The fact that a JAG won't touch this tells you everything you need to know about the merits of your case.

Brett

 

[OldP3Guy]

You guys crack me up. It's pretty cut and dried, you didn't screen for DH. It doesn't matter if you "took no action", you're ineligible for DH. It doesn't matter if you actually FOSx2, or just resigned. Continued bonus payments are contingent on you screening for and completing a DH tour.

Edit: the payment you would have had to pay back if you would have left before March was contingent on you completing that year. I really don't get the thrust of your argument here. Besides, from what you've claimed, you're already enjoying a "lucrative" contract, so what's the big deal?

If you really had a legal leg to stand on, you'd take it to court. Seems like the $25K payoff would make that process worth your while. The fact that a JAG won't touch this tells you everything you need to know about the merits of your case.

Brett

Couple of points, at least in my situation:

1. Screening for DH was never in my contract. There wasnt a ADHSB even in existence when I signed for a 5 year commitment...not a DH bonus. Also, I received my first payment 2 years before I was even elig for a DH tour due to the fact that the good ole USN was hurting so bad for peeps and they were doing anything they could to retain people.

2. When the last 2 years of payments were stopped, I asked to be released from my 5 year commitment based upon the contract I signed. Guess what the response to that was? I spent the last year of my 20 in Afghanistan attached to the Army with a ground unit.

The purpose of this thread was to get some feedback on anyone in a similar situation. I cant speak to those under a different contract in later years, I think the rewriting of the ACCP contract pretty much closed the doors on anyone except those selected and who complete a DH tour.

In hindsight, it will be interesting to see if ACCP continues given the current retention rates and budget cuts.

 

[Brett327]

I know your case is different from MB, my comments apply mostly to his situation. As for the continuation of ACCP, if you're not aware, it has already transitioned to a platform specific system based on projected retention and desired manning levels. The new system targets incentive more precisely where it's needed ( like VFA 1310s) and is, in my view, a more efficient use of taxpayer dollars in a time of mounting budgetary constraints.

Brett

 

[MasterBates]

Brett,

I did take another job, with about the same pay, but that one was for flying, and nothing else, vice working in the oil field.

JAG won't take it because they can't help you sue the government. Try getting JAG to do much mote than a power of attorney.

Again, my beef is they are making me hold up my end, which as you pointed out is a moot point, since i did not make LCDR.

I held up my end, I just want the money for it, even a prorated amount for January thru March.




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[HAL Pilot]

The bottomline is that if the Navy expects the member to be held to the exact contract, the Navy in turn should also be held to the exact contract.

 

[Brett327]

The bottomline is that if the Navy expects the member to be held to the exact contract, the Navy in turn should also be held to the exact contract.

Again, maybe I'm overlooking something obvious (specific dates would help), but what part of the contract isn't the Navy holding up? They paid you for 4 out of 5 years and they expect you to serve out those 4 years. Help me understand this in terms of the dates and specifics.

Brett

 

[HAL Pilot]

MB should get at least a prorated share for 2012. He has to serve until the Navy says he can leave so they should pay him the money they promised until that date. His contract says fail to select for DH, he hads't failed to select for DH. Yes I know he failed to select for LCDRx2 so he will never go to a DH screen but that is not what the contract says and that he will never go to the DH screen is not his doing. The Navy has the obligation to live up to their contract just like he does. He has so far, the Navy isn't.

Whether it is right or wrong, that is the way the contract is written. MB did not ask to leave the Navy, has never failed to select for DH and has not turned down a DH assignment. He's met his end of the contract.

But you will never understand this because you would have to agree the Navy is wrong and MB is right. Tha's never going to happen.