RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-02829

XXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

His orders calling him to active duty to attend Undergraduate Pilot Training (UPT), and associated training schools in 1987, as well as orders for F-16 flight school in 1992, be amended to reflect 10 USC 12301(d) vice 32 USC 505 as the authority.

APPLICANT CONTENDS THAT:

Although he is a member of the Air National Guard (ANG), he attended UPT as an active duty Air Force member and should not have been in Title 32 status until he returned to his ANG unit after discharge from active duty.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a currently serving Air National Guard Colonel.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1D recommends denying the application.  All school orders prior to 19 Oct 09 were published in accordance with Air National Guard Instruction 36-2001, Management of Training and Operational Support Within the Air National Guard, which required Formal School Training to be performed under Title 32.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 11 Jul 18 for comment (Exhibit D), and the applicant replied on 2 Aug 18.  In his response, the applicant contended the guidance published by the National Guard Bureau, in the 15 Jan 97 version of Air National Guard Instruction 36-2001, was illegal.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1D and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02829 in Executive Session on 28 Aug 18 and 19 Sep 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 08 Jun 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1D, dated 10 Nov 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 11 Jul 18.
Exhibit E:	Applicant’s Response, dated 2 Aug 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.