RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00728 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His records be corrected to reflect his entitlement to pay and points for the period he was denied participation. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He was denied participation while pending an administrative discharge board (ADB) review. However, the ADB determined based on a preponderance of the evidence he be retained in the Air Force Reserve. In support of his appeal, the applicant submits the findings of the ADB and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s records reflect an ADB was initiated 3 February 2008. During this period, he was denied participation for pay and points due to an administrative discharge action for testing positive pursuant to a random urinalysis for the period 3 February 2008 through 11 February 2009. The applicant requested a hearing before the discharge board which subsequently found he had not wrongfully used marijuana. The ADB determined the applicant should be retained in the Air Force Reserve and he was able to resume participation. The applicant’s participation records reflect during Retention/Retirement (R/R) Year 8 October 2007 through 7 October 2008, he was credited with 35 active duty (AD) points, 16 paid inactive duty training (IDT) points, and 15 membership points and a total of 66 points towards retirement. During his R/R year 8 October 2008 through 7 October 2009, he was credited with 66 AD points, 66 IDT points, and 15 membership points, a total of 147 points towards retirement. ________________________________________________________________ THE AIR FORCE EVALUATION: HQ AFRC/A1K recommends the applicant be awarded points for the time he was denied participation pending an ADB action. Additionally, the ADB recommended retention and the AFRC/CV directed the applicant be retained in the Air Force Reserve. They recommend the applicant be awarded 32 paid IDT points for Retirement Year Ending (RYE) 7 October 2008 and 20 paid IDT points for RYE 7 October 2009. The complete AFRC/A1K evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 15 May 09 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action. The applicant requests pay and points for the period he was denied participation as a result of a pending ADB hearing 3 February 2008 and 11 February 2009. After a thorough review of the facts and circumstances of this case, we agree with the recommendation of the Air Force Reserve office of primary responsibility to credit the applicant with service points during the period he was denied participation. In order to provide the applicant appropriate relief, we recommend his records be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that: a. He was awarded an additional 28 paid inactive duty training points during the Retention/Retirement Year 8 October 2007 through 7 October 2008 resulting in 94 total points; and, the period 8 October 2007 through 7 October 2008 is a year of satisfactory Federal service. In addition, he be paid the daily rate of per diem for four days at the grade of E-7. b. He was awarded an additional 20 paid inactive duty training points for Retention/Retirement Year 8 October 2008 through 7 October 2009, resulting in 167 total points, and, the period 8 October 2008 through 7 October 2009 is a year of satisfactory Federal service. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-00728 in Executive Session on 10 November 2009, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Feb 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC/A1K, dated 5 May 09, w/atch. Exhibit D. Letter, SAF/MRBR, dated 15 May 09. Vice Chair