RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01981 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The type of duty on Special Order ACV-1, dated 31 Oct 01 be changed to reflect “Deployed Annual Tour (Federal)” rather than “Deployed Annual Training.”

APPLICANT CONTENDS THAT:

His orders were for him to serve as an evaluator for Aircrew Standardization Evaluation (ASEV) check rides.  The type of duty on his orders was listed incorrectly as Annual Tour.

Changing the type of duty on his orders will allow for the service to be counted towards qualifying service for Post 9/11 GI benefits.   

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

STATEMENT OF FACTS:

On 29 Jun 16, the applicant was discharged from the Colorado Air National Guard (CO ANG).

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

AIR FORCE EVALUATION:

NGB/A1XR recommends granting the applicant’s request, indicating there is evidence of an error or injustice.

The applicant request the type duty on his special order be changed in order to count as credit toward Post 9/11 GI Bill benefits.  There is no title authority to coincide with the terminology that he is requesting.  However, the title authority that he was activated under is Title 10 U.S.C. § 12301(D), which is titled “Voluntary Non-Contingency MPA (MPA) (TITLE 10)” in the Air Reserve Orders Writing System (AROWS).  The applicant’s order should be renamed for this type of duty since the “Annual Training (Federal)” duty type is for Title 10 U.S.C. § 12301(B), which is not the authority that he served under.

NGB/A1XR recommends the applicant’s Special Order be renamed to “Voluntary Non-Contingency (MPA) (TITLE 10).” Updating the applicant’s duty type on his special order will allow for the service for the period in question to count towards qualifying time for Post-9/11 GI Bill benefits.

A complete copy of the NGB/A1XR evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 18 Dec 17, 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.  Sufficient 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.  The applicant requests the type of duty on his Special Order ACV-1 dated 31 Oct 01 be retitled for the purposes of Post 9/11 benefits.  However, we note there is no authority to allow for the terminology he requests, and therefore we agree with the opinion and recommendation of the Air Force (OPR) office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant's records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that Item 1. Type of Duty, on Special Order ACV-1, dated 31 October 2001, be amended from “Deployed Annual Training (Federal)” to “Voluntary Non-Contingency (MPA) (TITLE 10).”

The following members of the Board considered AFBCMR Docket Number BC-2016-01981 in Executive Session on 6 Feb 18, under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-01981 was considered:

	Exhibit A.  DD Form 149, dated 12 May 16, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.	Exhibit C.  Memorandum, NGB/A1XR, dated 1 Dec 17, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 18 Dec 17.

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.