RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00036

XXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be credited with one (1) year of satisfactory service for his retirement/retention (R/R) year 9 Jan 19 to 8 Jan 20 in the Air National Guard (ANG).  

APPLICANT’S CONTENTIONS

Research going back to 2015 yielded that a number of members of the 177th Fighter Wing, including himself, did not achieve satisfactory participation "good years" while in the Student Flight.  This is a result of the 177th Force Support Squadron practice of limiting Student Flight drill participation to one day per month, followed by sporadic cancellations and a failure to properly reschedule unit training assembly periods with members.

Junior Airmen unfamiliar with retirement and promotion implications were not afforded an opportunity to fully comply with wing commander-directed drill orders during this time period and reschedule as needed to achieve satisfactory participation "good years."  Of note, while in Initial Active Duty Training (IADT) status, Student Flight members may only perform Inactive Duty Training (IDT), basic military training and initial technical school training.  It is also noteworthy that members were asked to complete their security clearance applications independently and on their own (off duty) time.  At a minimum, this task could have amounted to at least one credited period per person.

In support of his appeal, the applicant provides the Special Orders for calendar year 2019 and 2020, signed by his wing commander and showing the official schedule for regularly scheduled drill. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an ANG airman first class (E-3).    

On 9 Jan 19, the applicant initially entered the New Jersey ANG.  

According to the PCARS report, he was credited with the with the following Active Duty (AD), Inactive Duty for Training (IDT), membership (MBR), and retirement points from 2019 to 2021:

R/R Year	AD	IDT	MBR	Retirement	Satisfactory Service (Year)	
*9 Jan 19 – 8 Jan 20	0	22	15	37	000000	
9 Jan 20 – 8 Jan 21	201	37	15	253	010000	
*Unsatisfactory Years

According to the applicant’s DD FM 214, Certificate of Release or Discharge from Active Duty, the applicant completed a period of active duty service from 22 Jan 20 to 19 May 20 to attend eight weeks at the USAF Basic Military Training course and four weeks at the Financial Management and Comptroller course.  

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

APPLICABLE AUTHORITY

ANGI 36-2001, Management of Training and Operational Support within the Air National Guard:

2.4.3. Members who have not completed initial active duty for training (IADT) are authorized to participate in regularly scheduled drills only. Members who have not completed IADT are not eligible to participate in Annual Training.

3.6. Scheduling Drills. IAW DODI 1215.13, a commander may schedule or reschedule an IDT period for an individual, unit or portion of a unit, where necessary to meet mission and training requirements.

3.6.2. All drill schedules should contain a 12-month drill schedule and contain the following information: date, time, and location of each drill.

3.6.3. Rescheduled IDT periods must be announced 30 days in advance to allow sufficient time for members to be advised of the change.

3.6.3.1. Instances where a member consents to a rescheduled drill with less than 30 days’ notice shall be documented. Hard copy ANG Form 105S or ANG Form 633 or authorized substitute may be used.

AIR FORCE EVALUATION

NGB/A1PP, recommends granting the applicant’s request for a satisfactory year of service.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice. While the applicant received 37 retirement points for R/R year 9 Jan 19 to 8 Jan 20, he failed to reach the minimum 50-point requirement and did not receive a good year to qualify for satisfactory service (SATSVR).  However, an inspector general (IG) review was conducted on the 177th Fighter Wings student flight practices, which revealed a failure by the organization to properly schedule members for training and consequently a number of airmen did not achieve satisfactory participation while assigned to the student flight.  The 177th Force Support Squadron’s practice of limiting student flight participation, sporadic cancelations, and failure to reschedule unit-training assembly is an injustice to the applicant.  Since the applicant did not physically perform the duty, and it is not within the scope of the AFBCMR to waive law or DoDI policy, it is recommended that the Board authorize the applicant three (3) equivalent training (ET) points, which can be performed in a non-pay status and are authorized to count towards retirement.

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 6 May 21 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/A1PP and finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board notes that an IG investigation has found that the 177th Force Support Squadron had a practice of limiting student flight participation, sporadic cancelations, and a failure to reschedule drill weekends.  Given that, the applicant was not afforded the opportunity to complete his regularly scheduled drills and the fact that he is only thirteen (13) points shy of achieving a satisfactory year of service, the Board concludes that there is sufficient evidence to justify awarding the applicant equivalent training (ET) points.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he be awarded an additional thirteen (13) non-paid equivalent training points in retirement/retention (R/R) year 9 January 2019 to 8 January 2020; thus receiving an additional one (1) year of career satisfactory service.  

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-2021-00036 in Executive Session on 14 Jul 21:

, 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 14 Nov 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, w/atchs dated 11 Mar 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 6 May 21.

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.