RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03343
		INDEX CODE:  135.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be paid for six (6) inactive duty training (IDT) periods performed on 7 July 2001, 27 August 2001 and 28 August 2001.  

________________________________________________________________

APPLICANT CONTENDS THAT:

His supervisor required him, as the new Individual Mobilization Augmentee, to perform the six (6) IDT period for inprocessing and orientation to his new position.  His supervisor approved these IDT periods in a pay status.  He performed and was paid for 48 IDT periods during FY 2001 as a Category A Reservist in the Air National Guard.  According to ANGI 36-2001, the maximum paid UTA periods are 48 per fiscal year.  AFMAN 36-8001, Reserve Personnel Participation and Training Procedures, does not apply to the ANG, the component to which he belonged at the time he performed the 48 IDT periods.  Funding for the IDT periods that he performed as a Category A Reservist in the ANG was provided by the ANG.  Funding for the IDT periods that he performed as a Category B Reservist in the AFRES is provided by the Air Force Reserve Command.  Funding for the two different types of IDT periods is separate and is paid accordingly.   

In support of his application, he provides a personal statement, copies of AF Form 40A, Record of Individual Inactive Duty Training, excerpt of AFMAN 36-8001, Reserve Personnel Participation and Training Procedures, and a copy of a letter from HQ AFRC/FM.  His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the military personnel data system (MilPDS) reveals that on 1 July 2001, the applicant became a member of the Individual Mobilization Augmentee (IMA) program.  MilPDS indicates the applicant’s Total Federal Service Commission Date as 18 December 1975 and he is currently serving in the grade of colonel, with a date of rank and effective date of 3 March 2003. As of the Retirement Year Ending (RYE) 4 March 2002, he was credited with 20 years of satisfactory Federal service.  

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFRC/FMF recommends the application be denied.  They state that AFM 36-8001, Chapter 1, Table 1.1, Column D, Note 2, provides regulatory guidance and specifically addresses members who move between categories as well as the maximum number of IDT periods allowable with pay.  While performing duty as a Category A Reservist with the ANG, the applicant reached the threshold for the number of IDT periods eligible for pay.  The 48 periods remain the legal limitation.  

The AFRC/FMF evaluation is at Exhibit C.  

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterates that AFM 36-8001, does not apply to the Air National Guard and therefore should not be applied to his specific case.  He completed only 6 IDT periods as a Category A Air Force Reservist in FY 2001, less than the maximum stated in AFM 36-8001, which applies only to Air Force Reserve units, the IMA program, and the Individual Ready Reserve.

The applicant’s letter, with attachment, is at attachment F.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence presented, we are not persuaded that favorable consideration of the applicant’s request is appropriate.  The applicant’s contention that funding for the Guard and Reserve are two different types of funding was noted; however, other than his own assertions, the applicant has provided no evidence, which in our opinion, adequately refutes the assessment of his case.  In the absence of such evidence, we agree with the opinion of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Accordingly, the applicant’s request is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 26 March 2003, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Oct 02, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Record.
	Exhibit C.  Letter, AFRC/FMF, dated 18 Dec 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.
    Exhibit E.  Letter, Applicant, dated 7 Feb 03.