RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00365

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His record be corrected to reflect he was on Title 10 orders while attending training at Officer School, undergraduate pilot training (UPT), Survival Evasion Resistance and Escape (SERE) and Major Weapons System (MWS) training.  

APPLICANT CONTENDS THAT:

ANGI 36-2001, Management of Training and Operational Support within the Air National Guard, dated 15 Jan 97, which governed the creation of orders at the time his orders were cut, states active duty for training (ADT) are always performed in Title 10 status;  inactive duty training (IADT), basic military training and technical skills training are always done in Title 10 status; and,  for basic military training (BMT), workdays performed by non-prior service members to attend IADT are in Title 10 status.  

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

STATEMENT OF FACTS:

The applicant initially enlisted in the Utah Air National Guard on 14 Nov 02 for a period of six years. 

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

NGB/A1D recommends denial indicating there is no evidence of an error or an injustice.  All travel orders to attend school published prior to 19 Oct 09 were published in accordance with ANGI 36-2001, Management of Training and Operational Support within the Air National Guard, paragraph 1.3.5., Full-Time National Guard Duty (FTNGD).  FTNGD is the Title 32 United States Code (USC) equivalent of active duty, and is always performed in Title 32 State status.  FTNGD does not include inactive duty (IDT).  It includes AGR duty, annual training (AT), special training (ST), formal school training (FST), and Active Duty Operational Support (ADOS/ADSW) performed in a Title 32 State status. 

The applicant attended UPT from 18 Aug 03 to 7 Aug 05.  The U.S. Code allows the Reserve Components to conduct training in Title 10 USC 12301(d) or Title 32 USC 505.  ANGI 36-2001 directed all school orders be published in Title 32 status prior to the rewrite which was done on 19 Oct 09.  Therefore, all formal school training (FST) orders prior to 19 Oct 09 were published as FTNGD Title 32, USC 505.  His orders were published under the correct authority as per the guidance in ANGI 36-2001 and DODI 1215.06.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7 Sep 16 for review and comment within 30 days (Exhibit D).  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 opinion and recommendation of NGB/A1D and adopt its rationale 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-2016-00365 in Executive Session on 21 Mar 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 21 Jan 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1D, dated 28 Apr 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 7 Sep 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.