RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER:  BC-2017-00109

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

The authority for duty performed under Order Number AC-257, dated 27 Jul 87, with amendments, be converted from Title 32 United States Code (USC) to Title 10 USC.  The entire period requested is from 11 Sep 87 through 10 Mar 89.

APPLICANT CONTENDS THAT:

The order was for a Permanent Change of Station (PCS) for him to attend Undergraduate Pilot Training (UPT), survival training, and C-130 Basic Qualification Training.  Even though he counted against active duty Air Force end strength due to the PCS, and was performing the same duties as his active duty classmates, his order was published under Title 32 USC authority as it was the only option at that time.

This policy has since been corrected and all UPT orders for Air National Guard students are published under Title 10 USC authority.  Additionally, his DD Form 214, Certificate of Release or Discharge from Active Duty, for that service states he was released from active duty for training with the Air Force - ANGUS after honorable service.

He is requested this change so he may get credit for this service against his civil service retirement.

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

STATEMENT OF FACTS:

On 14 Oct 82, the applicant initially entered the Nevada Air National Guard (NVANG).

On 13 Sep 85, the applicant was furnished an Honorable discharge from the NVANG, and transferred to the California Air National Guard (CAANG), effective 14 Sep 85.

On 8 Jul 87, the applicant was furnished an Honorable discharge from the CAANG.

On 9 Jul 87, the applicant was commissioned in the CAANG.

On 11 Sep 87, the applicant was called to active duty for training by Special Order No. AC-257, dated 27 Jul 87, under 32 USC 505.

On 10 Mar 89, the applicant was released from active duty for training, furnished an Honorable discharge, and credited with 1 year, 6 months, and 0 days active service. 

The applicant is currently serving with the Air National Guard.

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 error or injustice.

All school orders prior to 19 Oct 09 were published in accordance with (IAW) Air National Guard Instruction (ANGI) 36-2001, Management of Training and Operational Support Within the Air National Guard, paragraph 1.3.5., “Full-Time National Guard Duty (FTNGD).  Training or other duty performed by a member of the Air National Guard of the United States under Title 32 U.S.C. Secs. 316, 502, 503, 504, or 505.  FTNGD does not include inactive duty (IDT).  FTNGD is always performed in Title 32 State status and may only be performed in the United States (to include Alaska and Hawaii) and U.S. territories.  FTNGD is the Title 32 equivalent of active duty.  It includes AGR duty, annual training (AT), special training (ST), formal school training (FST), and ADSW performed in a Title 32 State status.  This duty may satisfy the requirement for an individual to perform 15 days of active service for training per fiscal year. (See 10 U.S.C. Sec 101(d)(5)).”

The US Code allows Reserve Components to conduct training in 10 USC 12301(d) or 32 USC 505.  ANGI 36-2001 directed all school orders be published in Title 32 status prior to the rewrite which was posted on 19 Oct 09, which stated the following:  “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 October 2009 were published as Full-Time National Guard Duty (FTNGD) Title 32 USC 505.”

The applicant’s orders were published under the correct authority per the guidance in ANGI 36-2001 and Department of Defense Instruction 1215.06, Uniform Reserve, Training and Retirement Categories for the Reserve Components, in effect at that 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 28 Aug 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.  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 or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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-2017-00109 in Executive Session on 13 Mar 18 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2017-00109 was considered:

	Exhibit A.  DD Form 149, dated 3 Jan 17, w/atchs.
	Exhibit B.  Excerpt from Personnel Records.
	Exhibit C.  Memorandum, NGB/A1D, dated 22 Aug 17, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 28 Aug 17, w/atch.

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 regarding AFBCMR Docket Number BC-2017-00109, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.