RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03166

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His active duty orders for Joint Specialized Undergraduate Pilot Training (UPT) and Pilot Initial Qualification (PIQ) Training attendance be amended to reflect he was in a Title 10 instead of Title 32 status.    

APPLICANT CONTENDS THAT:

He completed UPT from 1 October 2006 until 31 October 2007 and PIQ from 1 November 2007 until 31 May 2008.

He was recently informed by his Military Personnel Flight (MPF) that the orders should be have been coded as Title 10.

The correction will enable him to receive earned benefits and ensure an accurate retirement calculation.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently in the Air National Guard serving in the grade of major (O-4).

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force office of primary responsibility (OPR) and the Office of the Assistant Secretary of Defense Manpower and Reserve Affairs (OASD) M&RA which are attached at Exhibits B and D.    

AIR FORCE EVALUATION:

NGB/A1D recommends denial.  The applicant’s orders were published in the correct authority as per the guidance in ANGI 36-2001, The Management of Training and Operational Support Within the Air National Guard, at the time.  Reserve Components may conduct training per 10 U.S.C. § 12301(d) or 32 U.S.C. § 505.  ANGI 36-2001 directed all school orders be published in a Title 32 status prior to the re-write of ANGI 36-2001 on 19 October 2009 which states, All ANG members attending Under Graduate Flying Training (UFT) programs and Professional Military Education (PME) will attend in a Title 10 status.  The applicant attended UFT from 14 September 2006 to 31 May 2008.  

A complete copy of the NGB/A1D evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 February 2016 for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE MEMORANDUM: 

The Office of the Assistant Secretary of Defense for Manpower and Reserve Affairs (OASD M&RA) designated Full Time National Guard Duty (FTNGD) performed at National Special Security Events such as the 2008 State of the Union Address, 2008 Republican and Democrat National Conventions and the 2009 Presidential Inauguration as qualifying active service for the purpose of reducing the eligibility age for receipt of retired pay for non-regular service in accordance with 10 U.S.C. § 12731(f)(2).  UPT and PIQ completed prior to October 2009 are not included in this memorandum or in applicable regulations as qualifying for Title 10 status.  

A complete copy of the OASD memorandum is at Exhibit D.  

APPLICANT'S REVIEW OF OASD M&RA MEMORANDUM:

A copy of the OASD/M&RA memorandum was forwarded to the applicant on 3 June 2016 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.  

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 an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions of the Air Force OPR and OASD/M&RA and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2015-03166 in Executive Session on 3 May and 19 July 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 21 July 2015, w/atchs.
	Exhibit B.  Memorandum, NGB/A1D, dated 7 January 2016.
	Exhibit C.  Letter, AFBCMR, dated 19 February 2016.
	Exhibit D.  Memorandum, OASD/M&RA, dated 18 September 2015.
	Exhibit E.  Letter, AFBCMR, dated 3 June 2016.