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AF | BCMR | CY2003 | 0203343
Original file (0203343.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03343
            INDEX CODE:  135.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be paid for six (6) inactive duty training (IDT) periods performed  on  7
July 2001, 27 August 2001 and 28 August 2001.

________________________________________________________________

APPLICANT CONTENDS THAT:

His supervisor required him, as the new Individual  Mobilization  Augmentee,
to perform the six (6) IDT period for inprocessing and  orientation  to  his
new position.  His supervisor approved these IDT periods in  a  pay  status.
He performed and was paid for 48 IDT periods during FY 2001 as a Category  A
Reservist in the  Air  National  Guard.   According  to  ANGI  36-2001,  the
maximum paid UTA periods are 48 per fiscal  year.   AFMAN  36-8001,  Reserve
Personnel Participation and Training Procedures, does not apply to the  ANG,
the component to which he belonged at the  time  he  performed  the  48  IDT
periods.  Funding for the IDT periods that he  performed  as  a  Category  A
Reservist in the ANG was provided by the ANG.  Funding for the  IDT  periods
that he performed as a Category B Reservist in the AFRES is provided by  the
Air Force Reserve Command.  Funding for  the  two  different  types  of  IDT
periods is separate and is paid accordingly.

In support of his application, he provides a personal statement,  copies  of
AF Form 40A, Record of Individual Inactive Duty Training, excerpt  of  AFMAN
36-8001, Reserve Personnel Participation  and  Training  Procedures,  and  a
copy  of  a  letter  from  HQ  AFRC/FM.   His  complete   submission,   with
attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the military  personnel  data  system  (MilPDS)  reveals
that on 1 July 2001,  the  applicant  became  a  member  of  the  Individual
Mobilization Augmentee (IMA)  program.   MilPDS  indicates  the  applicant’s
Total Federal Service  Commission  Date  as  18  December  1975  and  he  is
currently serving in  the  grade  of  colonel,  with  a  date  of  rank  and
effective date of 3 March 2003. As of the Retirement  Year  Ending  (RYE)  4
March 2002, he was credited with 20 years of satisfactory  Federal  service.


The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFRC/FMF recommends the application be denied.   They  state  that  AFM  36-
8001, Chapter 1, Table 1.1, Column D, Note 2, provides  regulatory  guidance
and specifically addresses members who move between categories  as  well  as
the maximum number of IDT periods  allowable  with  pay.   While  performing
duty as a Category A Reservist with  the  ANG,  the  applicant  reached  the
threshold for the number of IDT periods eligible for pay.   The  48  periods
remain the legal limitation.

The AFRC/FMF evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterates that AFM 36-8001, does not apply to  the  Air  National
Guard and therefore  should  not  be  applied  to  his  specific  case.   He
completed only 6 IDT periods as a Category  A  Air  Force  Reservist  in  FY
2001, less than the maximum stated in AFM 36-8001,  which  applies  only  to
Air Force Reserve units, the IMA program, and the Individual Ready Reserve.

The applicant’s letter, with attachment, is at attachment F.

________________________________________________________________

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 error or injustice.  After a thorough review  of  the  evidence
presented,  we  are  not  persuaded  that  favorable  consideration  of  the
applicant’s  request  is  appropriate.   The  applicant’s  contention   that
funding for the Guard and Reserve are two different  types  of  funding  was
noted; however, other than his own assertions, the  applicant  has  provided
no evidence, which in our opinion, adequately refutes the assessment of  his
case.  In the absence of such evidence, we agree with  the  opinion  of  the
Air Force office of primary responsibility and adopt their rationale as  the
basis for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  Accordingly, the applicant’s request is  not  favorably
considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did  not  demonstrate
the existence of material error or  injustice;  that  the  application  was
denied and  that  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 this application in Executive
Session on 26 March 2003, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. James W. Russell, III, Member
      Mrs. Carolyn J. Watkins-Taylor, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Oct 02, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Record.
      Exhibit C.  Letter, AFRC/FMF, dated 18 Dec 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.
    Exhibit E.  Letter, Applicant, dated 7 Feb 03.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair



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