RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2015-05386
		
							COUNSEL:  NONE

							HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

Her AGR Virgin Island (VI) order (A-W000070) be extended to 3 Sep 15, and her AGR New York Air National Guard (NY-ANG) order (A-C000397) start date be changed to 4 Sep 15.  

APPLICANT CONTENDS THAT:

A botched transfer process caused her a break in service (24 Jul 15 to 16 Aug 15), receiving incorrect pay and benefits; resulting in her incurring a debt of $1,478.35.  

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

STATEMENT OF FACTS:

During the matter in question, the applicant was serving in the Air National Guard in the grade of technical sergeant (E-6).

According to documents extracted from her military personnel record:

	According to special order Z6UQ2B, dated 27 Aug 15, the applicant was assigned to the NY-ANG for the period 17 Aug 15 through 30 Jun 18.  

	On 12 Sep 15, because of marriage, the applicant’s last name was changed in her official records.  

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/A1PP recommends granting partial relief, indicating there is evidence of an error or injustice.  The applicant was assigned to the 285 CEG SQ, Puerto Rico Air National Guard (PR-ANG), located in the Virgin Islands.  On 7 Apr 15, she accepted an AGR position with the NY-ANG, and during the transfer process the NY-ANG identified that she did not have the minimum retainability on her enlistment contract for them to cut her AGR orders.  Her expiration term of service (ETS) at that time was 28 Aug 15.  The PR-ANG would not complete her reenlistment and insisted that the NY-ANG complete it.  She reenlisted with the NY-ANG on 24 Jul 15 (while still living and working as an AGR in the Virgin Islands), and the PR- ANG then terminated her AGR order effective 23 Jul 15.  On 28 Aug 15, while still in the Virgin Islands, the applicant received her new AGR order with an effective date of 17 Aug 15, and an agreement that she would submit for leave for all days until she arrived in New York.  She arrived in New York on 4 Sep 15.  The applicant incurred a break in service from 24 Jul 15 to 16 Aug 15, incorrectly received pay and benefits from the NY-ANG and not the PR-ANG, and incurred a debt of $1,478.35 due to the break in service.  Additionally, her financial record was placed in a PCS status (which was then going to be changed to “held pay” status), and the Defense Finance and Accounting Services (DFAS) requested she separate from the NY-ANG and be regained, which will cause further pay debts.

In accordance with (IAW) ANGI 36-101, Air National Guard Active Guard Reserve Program, para. 5.8, the applicant required retainability in order for her AGR order from the NY-ANG to be cut.  The PR-ANG should have executed the reenlistment for the applicant, despite the fact that she would be separated shortly thereafter and enlisting in the NY-ANG.  This would have allowed the NY-ANG to publish the AGR order upon approval of her conditional release and allowed her to subsequently reenlist into the NY-ANG IAW ANGI 36-101, para. 6.5.1.1. NGB/A1PP recommends the board direct the NY-ANG to amend applicant’s AGR order to align with her date of enlistment into the NY-ANG, 24 Jul 15.  Additionally, her NGB Form 22 requires correction to reflect this change:  effective date of separation (block 8b) should reflect 23 Jul 15.  Because she enlisted into the NY-ANG effective 24 Jul 15, her AGR order from the PR-ANG cannot extend beyond this date.  
 
A complete copy of the NGB/A1PP 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 16 Jun 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting relief.  We took notice of the applicant’s complete submission in judging the merits of the case, and we agree with the opinion and recommendation of NGB/A1PP to deny  the applicant’s request that her AGR Virgin Island (VI) order (A-W000070) be extended to 3 Sep 15, and her AGR New York Air National Guard (NY-ANG) order (A-C000397) start date be changed to 4 Sep 15.  However, we note NGB/A1PP’s determination that the PR ANG should have executed the reenlistment of the applicant allowing her to have sufficient retainability to fulfill the NY-ANG AGR assignment in accordance with ANGI 36-101.  This action would have allowed the NY-ANG to publish the AGR order upon approval of the applicant’s conditional release from the PR ANG and subsequent reenlistment into the NY ANG in accordance with ANGI 36-101.   To correct this injustice, they recommend the NY-ANG amend Order Number Z6UQ2B, Filing Sequence Number A-000397, to align with her date of enlistment in the NY-ANG, 24 Jul 15.  Additionally, her NGB Form 22 will require correction based on this change.  We agree with the NGB/A1PP recommendations.  Accordingly, we recommend the applicant's records be corrected as indicated below.

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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

	a.  AGR Order Number Z6UQ2B, Filing Sequence Number A-C000397, item 4, ITINERARY, be amended to reflect a start date of 24 July 2015 versus 17 August 2015.

	b.  Her NGB Form 22, effective date of 28 August 2015, be changed to reflect an effective date of separation (block 8b) of 23 July 2015.

	c.  All leave charged between 24 July 2015 to 17 Aug 2015 be reconciled based on the 24 July 2015 order start date. 

The following members of the Board considered AFBCMR Docket Number BC-2015-05386 in Executive Session on 15 Dec 16, 17 Jul 17 and 29 Nov 17, under the provisions of AFI 36-2603:

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

	Exhibit A.  DD Form 149, dated 14 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PP, dated 9 May 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 16 Jun 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.