RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01533 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His Order Number AY0268, dated 20 March 2008, be corrected to reflect being issued under Title 10 of the United States Code (USC) instead of Title 32 USC.  

APPLICANT CONTENDS THAT:

His Undergraduate Pilot Training (UPT) was accomplished on School Training days under Title 32 status.  His records should be changed to Title 10 or at the least he should be issued a DD Form 214 showing this time was accomplished under Title 10 status.  According to Air National Guard Instruction (ANGI) 36-2001, Management of Training and Operational Support within the Air National Guard, dated 19 October 2009, all Air National Guard (ANG) members attending Undergraduate Flying Training (UFT) programs and Professional Military Education (PME) will attend in a Title 10 status.  

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

STATEMENT OF FACTS:

The applicant is currently serving in the Air National Guard in the grade of captain (O3).  

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 B.  

AIR FORCE EVALUATION:

NGB/A1D recommends denial.  The applicant attended undergraduate flight training from 8 August 2008 to 29 January 2010.  His orders were published in the correct authority as per the guidance that was published in ANGI 36-2001 and Department of Defense Instruction (DODI) 1215.06, Uniform Reserve, Training, and Retirement Categories for the Reserve Components.  

The United States Code (USC) allows the Reserve Components to conduct training under 10 USC 12301(d) or 32 USC 505.  The ANGI 36-2001 directed all school orders to be published under Title 32 status prior to the rewrite which was done on 19 October 2009.  Specifically, all ANG members attending Undergraduate Flying Training (UFT) programs and Professional Military Education (PME) will attend in a Title 10 status under the new guidance.  All formal school training (FST) orders prior to 19 October 2009 were published as Full-Time National Guard Duty (FTNGD) under Title 32 USC 505.  

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 3 February 2017 for review and comment within 30 days (Exhibit C).  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 the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of 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-2016-01533 in Executive Session on 6 July 2017 under the provisions of AFI 36-2603:

					Panel Chair
					Member
					Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 April 2016, w/atchs.
	Exhibit B.  Memorandum, NGB/A1D, dated 28 June 2016.
	Exhibit C.  Letter, AFBCMR, dated 3 February 2017.