RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02544 INDEX CODE: 108.00
xxxxxxxxxxx	COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be paid for all 48 Rescheduled Unit Training Assemblies (RUTAs) he performed during Fiscal Year 2008 (FY) and the debt balance of $2644.09 be remitted.

APPLICANT CONTENDS THAT:
He was in attendance and performed duty for all 48 RUTA periods for FY08. He submitted authorized and certified NGB 105S, Authorization for Individual Inactive Duty Training, cards to be paid for the duty performed. After receiving pay for 31 of the periods performed, he was informed that due to his retirement date of 30 Jan 08, he was only allowed to accomplish 16 RUTA periods for FY08. He was also told that he would have a debt placed on his account to collect the “overpayment.” He became aware of the error only after having performed all 48 RUTA periods; the last 17 periods were rejected by the finance office after the error had been detected. He feels that he should receive pay for the duty performed. No one in his chain-of- command knew that a member could not perform all RUTA periods in a FY regardless of a retirement date. He requested and received unpaid military leave from his civilian job at Northwest Airlines (NW). This unexpected loss of income and potential debt will cause severe financial hardship for his family.

In support of his request, applicant provides copies of his letters requesting military leave from NW airlines, NGB 105s cards and other associated documents.

His complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
Special Order AY-35, dated 13 Dec 07, relieved the applicant from assignment and honorably discharged him from the OH ANG effective

30	Jan 08 and transferred him to the Retired Reserve effective
31	Jan 08.

AIR FORCE EVALUATION:
NGB/A1PS recommends denial. A1PS states the NGB/FM unit office acted in good conscience when they discovered the error and the applicant should be responsible to pay the debt accordingly. It is not unreasonable for the applicant to understand that they cannot perform a RUTA for a drill weekend although he is not going to be assigned to the unit during that scheduled period.

The NGB/A1PS complete evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he and unit personnel were unaware that he could not perform the duty. He was serving as the Military Deception Officer and the Operations Security Program Manager both of which were complex programs and the latter program was entirely classified. By performing this duty in a RUTA status it was felt that this would be the most cost efficient for the unit as opposed to some other type of duty. He would never had taken unpaid military leave from his civilian employment had he known this information.

The applicant’s complete letter, with attachment, is at Exhibit C.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.
3.	Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. After reviewing the evidence provided, it is apparent that he and his chain-of- command were unaware of the policy that RUTAs could not be performed all in a FY. We are convinced the applicant would not have taken unpaid military leave from his civilian employment had he known he would not be paid for the RUTAs performed. Based on the evidence presented and in the absence of a basis to question the integrity of this individual, we recommend that any doubt be resolved in favor of the applicant. The applicant has indicated that he has received payment for 31 of the 48 RUTAs performed; however, the remaining 17 RUTAs were paid but have been flagged
1.	

for collection.  Therefore, we recommend the applicant’s debt balance of $2644.09 be remitted and his records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 30 January 2008, he applied for remission of the indebtedness incurred for the period 16 January 2007 to 30 January 2008 as a result of non- performance and his application was approved in the amount of
$2644.09 by competent authority.

The following members of the Board considered AFBCMR Docket Number BC-2008-02544 in Executive Session on 13 Aug 09, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended. The following documentary evidence was considered:

Exhibit A.	DD Form 149, dated 20 Jun 08, w/atchs. Exhibit B.	Letter, NGB/A1PS, dated 18 Jun 09.
Exhibit C.	Letter, SAF/MRBR, dated 19 Jun 09. Exhibit D.	Letter, Applicant, dated 15 Jul 09

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DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC

Office of the Assistant Secretary