I didn't realize they weren't capped in D20 Modern. In D&D it works a little differently. (Action Points are not part of the core D&D rules, but they appear in Unearthed Arcana and the Eberron campaign setting). That version of the Action Point rules has them refresh to your maximum (5 + level/2, same as D20M IIRC) every time you gain a level, as opposed to simply gaining that many when you level which is what it sounds like D20M is doing. This means that you might as well use them up before you gain another level, since you'll end up with the same number post-level-up regardless of how many you have left. Since levels come fairly quickly, there's little point in hoarding APs.
I think that's all the fix you need. The per story arc rather than per level version sounds good until you consider that story arcs may be of very unequal length. Levels are too, a little bit (the first couple come much more quickly than later ones in most campaigns) but at least the increasing number of APs, and to some extent their increase in effectiveness at levels 7 and 14, makes them scale along with this phenomenon.
I think that's all the fix you need. The per story arc rather than per level version sounds good until you consider that story arcs may be of very unequal length. Levels are too, a little bit (the first couple come much more quickly than later ones in most campaigns) but at least the increasing number of APs, and to some extent their increase in effectiveness at levels 7 and 14, makes them scale along with this phenomenon.
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