RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-04235 

  						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His orders sending him to flying training during the period 18 Nov 09 through 23 Jan 12 be amended to show he was in Title 10 status during the training. 

APPLICANT CONTENDS THAT:

He was inappropriately sent to flying training in Title 32 status using Title 32 School Training Days.  In accordance with       ANGI 36-2001, Management Of Training And Operational Support Within the Air National Guard, dated 19 Oct 09, Air National Guard (ANG) members attending Undergraduate Flying Training (UFT) programs and Professional Military Education (PME) are supposed to attend in Title 10 status. 

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

STATEMENT OF FACTS:

The applicant currently serves in the grade of Captain (O-3) in the Massachusetts Air National Guard (ANG).

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 granting the applicant’s request, indicating there is evidence of an error or injustice.  The applicant attended undergraduate flight training during the period 18 Nov 09 through 23 Jan 12.  The U.S. Code allows the Reserve Components to conduct training under Title 10 USC 12301(d) or Title 32 USC 505.  However, on 19 Oct 09, ANGI 36-2001, Management Of Training And Operational Support Within the Air National Guard, was changed to read: paragraph “5.3.5. All ANG members attending Undergraduate Flying Training (UFT) programs and Professional Military Education (PME) will attend in a Title 10 status.”  All formal school training (FST) orders prior to 19 Oct 09 were published as Full-Time National Guard Duty (FTNGD) Title 32 USC 505.

The applicant’s orders were published incorrectly per the guidance published in ANGI 36-2001 and DODI 1215.06, Uniform Reserve, Training and Retirement Categories for the Reserve Components.  Recommend relief be granted as the applicant’s orders were not published in the correct authority at the time.

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 26 Sep 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 and agree with the opinion and recommendation of NGB/A1D 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 he attended undergraduate flight training during the period 18 November 2009 through 23 January 2012 in Title 10 status.  

The following members of the Board considered AFBCMR Docket Number BC-2016-04235 in Executive Session on 30 Nov 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

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

	Exhibit A.  DD Form 149, dated 17 Oct 16, w/atchs.
	Exhibit B.  Excerpt from Personnel Record, not MPR.
	Exhibit C.  Memorandum, NGB/A1D, dated 22 Aug 17.
	Exhibit D.  Letter, SAF/MRBR, dated 26 Sep 17.

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