POSSIBLE INCURSION INTO MOA SECOND TIME IN 2 DAYS. RPTR FLC WAS IN COM FOR FLT FOLLOWING WITH ALL ATC FACILITIES ENRTE; LUKE APCH; PHX APCH AND ZAB. NONE OF THOSE CTLRS TOLD FLC THEY WERE ENTERING OR CLOSE TO AN MOA; BUT THE SAME MIL F16 PLT RPTED AN NMAC WITH THE RPTR ACFT TWICE. ONCE THE F16 JOINED UP ON THE RPTR. FSDO AT ABQ DETERMINED THE F16 WAS OUT OF THE MOA AT THE TIME OF THE CONFLICT.

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ON APR/XX/96 I WAS THE CAPT ON A FLT FROM PHX TO HII. WE WERE FLYING WITH VFR FLT FOLLOWING FROM CTR AT ZAB AND THEN LUKE AFB. LUKE RPTS WE WERE IN THE MOA WITHOUT FLT FOLLOWING AND HAD A NEAR MISS WITH ONE OF THEIR F16'S. WE HAD FLT FOLLOWING BUT WERE NEVER TOLD ABOUT THE INCIDENT AND WE WERE OUTSIDE THE MOA. I WAS INFORMED ABOUT THIS INSTANCE ON APR/XY/96. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: ACFT VERIFIED AS BE02. RPTR CAPT WAS NOTIFIED BY HIS COMPANY; FOR WHOM HE NO LONGER IS EMPLOYED; THAT TWICE IN 2 DAYS THE SAME F16 PLT RPTED AN NMAC WITH THE FLC. RPTR STATES THAT AT NO TIME DID ANY ATC FACILITY WARN THEM OF BEING CLOSE TO OR ENTERING AN MOA. ONCE ZAB ADVISED THEM OF TFC; BUT THEY DIDN'T ACQUIRE IT. ALSO THEY HAD TCASII AND NEVER SAW ANY TFC. HOWEVER; RPTR DID SAY THAT WHEN CONTACTING THE BASE COMMANDER AT LUKE AFB TO OBTAIN MORE INFO REGARDING THE ALLEGED NMAC; HE WAS TOLD THAT ONCE THE F16 JOINED ON HIS WING. ALSO; THE F16 CONTACTED THE CTR TO IDENT THE ACFT; BECAUSE THE MIL PLT THOUGHT THEY WERE IN THE MOA. RPTR CONTACTED THE FSDO AT ABQ WHO INVESTIGATED THE INCIDENT AND FEEDBACK DETERMINED THAT THE F16 WAS PROBABLY OUTSIDE HIS MOA AT THE TIME. RPTR REQUESTED THAT TAPES BE OBTAINED TO CLARIFY THE SIT; BUT THAT WAS NOT DONE; PRESUMABLY AT THE DIRECTION OF THE FSDO. WHEN RPTR ASKED THE BASE COMMANDER FOR TAPES; THE COMMANDER ALLEGEDLY SAID THAT IT WAS OUT OF HIS HANDS AND RPTR WOULD HAVE TO WORK THROUGH HIS COMPANY.