RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04743

XXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Aeronautical Order 0165, XXXX, be changed to reflect an effective date of 1 Dec 08 versus 1 Oct 08. 

APPLICANT’S CONTENTIONS

He performed his last Operational Flying Duty Accumulator (OFDA) flight on 3 Aug 08 and in accordance with AFMAN 11-402, Aviation Resource Management, paragraph 3.9.3.3.4, he should have been placed in a Flying Status Code (FSC) “S,” Active-Nonperformance, until 1 Dec 08 (members remain in flying status until the third month following the last month in-flight duties were last performed).  However, on 1 Oct 08, his unit was placed in conversion status due to Base Realignment and Closure (BRAC) and his Aeronautical Order was incorrectly published with an inactive aviation service status code.  Consequently, he did not receive two months of OFDA creditable flying gate months.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Active Guard Reserve lieutenant colonel (O-5).

On 3 Aug 08, a “Flying History Report,” provided by the applicant, shows that he completed his last OFDA flight.   

On 1 Oct 08, as noted in Aeronautical Order number 0165, the applicant’s flying status code was changed from 1A, Active-Operational Flying, to 1K, Inactive-Lack of Support 
Capability-Restricted.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

NGB/A2, recommends granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there IS evidence of an injustice.  On 1 Oct 08, the applicant’s wing was officially placed in conversion status due to Base Realignment and Closure (BRAC) and his wing underwent conversion from a fighter flying unit to a c-NAF mission.  As such, the applicant was placed into an inactive aviation service status, Flying Status Code “K”, which in turn stopped his OFDA accumulation.  While this was technically the correct status, it precluded the applicant from being credited with all the OFDA he had earned based on his 03 Aug 08 flight.  Furthermore, according to the applicant’s personnel records the applicant never transitioned to the new unit mission and remained assigned to the 170 Fighter Squadron until 2009.  Therefore, the applicant should be credited with the two months of OFDA credit and his orders should be adjusted accordingly. 
    
The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 21 Feb 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A2 and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

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

	a.  Aeronautical Order (AO); AO-0165, effective 1 Oct 08, be declared void and removed from his Master Personnel Record (MPR) and his Official Master Personnel File (OMPF).

	b.  A new Aeronautical Order with Aviation Service Code 1K should be published with an effective date of 1 Dec 08 and placed in his Master Personnel Record (MPR) and his Official Master Personnel File (OMPF).

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-2019-04743 in Executive Session on 13 Apr 20:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Nov 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A2, dated 11 Feb 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 21 Feb 20.

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