RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02078
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive payment for inactive duty training (IDT) performed  at  Offutt
AFB, NE on 1 July 1998.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Upon being notified of his retirement date he scheduled a final  tour  of
duty at USSTRATCOM.  This tour was approved by the Joint  Reserve  Office
at USSTRATCOM.  No mention was made that he wouldn’t be paid for  1  July
1998.  He served that day and feels he should be paid.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 9 March 1998, the applicant, serving in the  Air  Force  Reserve,  was
sent a letter notifying him that  his  Mandatory  Separation  Date  (MSD)
would expire on 1 July 1998 and he must either apply for transfer to  the
Retired Reserve by his MSD or be discharged from his Reserve appointment.

The applicant completed an AF Form 131, Application for Transfer  to  the
Retire Reserve, on 25 April 1998, with a requested  retirement  effective
date of 1 July 1998.

Reserve Order EK-0492, dated 29 May 1998, transferring the  applicant  to
the Retire Reserve, effective 1 July 1998, was published and forwarded to
the applicant and his unit on 11 June 1998.

The applicant performed IDT on 1 July 1998.  The Reserve  Pay  office  at
Hill AFB Utah sent the applicant a letter, on          9 September  1998,
notifying him that his request for pay for the IDTs he pulled on  1  July
1998 would not be paid since he retired on 1 July 1998 and the last day a
member can be paid is the day prior to the effective date of retirement.

_________________________________________________________________

AIR FORCE EVALUATION:

The Deputy Director of the Directorate of Personnel  Program  Management,
ARPC/DP,  reviewed  the  application  and  states  that   the   requested
correction of military records cannot be administratively accomplished at
this headquarters.  They further state that on or  after  the  retirement
effective date, no further participation is authorized  in  the  Selected
Reserve for pay or points (AFI 36-3209, paragraph  5.11).   In  addition,
the law requires  the  applicant  to  retire  or  be  discharged  on  his
established MSD of 1 July 1998; therefore, the retirement effective  date
cannot be changed to 2 July 1998 to allow him to receive pay for duty  he
performed on 1 July  1998.   Therefore,  they  recommend  denial  of  the
application.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air  Force  evaluation  and  states  that  the
information sent to him by the Air Reserve Personnel  Center  Separations
Branch  on  9  March  1998  pertaining  to  his  retirement  options  and
subsequent  correspondence  concerning  his  mandatory  separation  never
stated that he  could  not  perform  duty  for  pay  and  points  on  his
retirement date; i.e., 1 July 1998.

Based upon this apparent misunderstanding, he scheduled his last tour  of
duty to include 1 July 1998 to finalize his association with  USSTRATCOM.
He notes further that the 1 July 1998 Individual Inactive  Duty  Training
period was approved by the appropriate authorizing official.  He included
a copy of AF Form 40A for the records.  He states  apparently  he  wasn’t
the only person who misunderstood the rules and  regulations  surrounding
this issue.

He states that it wasn’t until he submitted the 40A, which covered the  1
July 1998 period, for payment  that  he  was  informed  that  regulations
prohibit payment for this day.  He asks if he can’t be paid  for  1  July
1998 nor receive points, can another day be substituted for 1 July  1998?
Since he spent the weekend of  27 and 28 June 1998 at Offutt AFB  waiting
to complete  his  tour  of  duty,  perhaps  one  of  these  days  can  be
substituted for 1 July 1998.

Based upon these circumstances, he feels that he should  be  paid  for  1
July 1998 and that the two points he  earned  be  applied  to  his  USAFR
Points Summary.  He also  recommends  that  in  the  future,  information
provided by the Air Reserve Personnel Center Separations Branch in regard
to a mandatory retirement date be more specific; that  is,  clarify  that
pay and retirement points are  accrued  up  to  but  not  including  your
mandatory retirement date.

In summary, he acted in good faith when he scheduled his  tour  of  duty,
this tour was approved by the appropriate authorizing official, he didn’t
receive any information which specified that he couldn’t receive  pay  or
points on his retirement day, and he performed duty on 1 July 1998.

Applicant's  complete  response,  without  attachments,  is  attached  at
Exhibit E.

_________________________________________________________________

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 probable error or injustice notwithstanding  the  fact  that
the applicant appears to have acted in good faith.  As indicated  by  the
Air Force, in accordance with AFI 36-3209, paragraph 5.11,  on  or  after
the retirement effective date, no further participation is authorized  in
the Selected Reserve for pay or points.  The law requires  the  applicant
to retire or be discharged on his established MSD of 1 July 1998 and this
date cannot be changed to a later date to allow him to  receive  pay  for
duty he performed on 1 July 1998.  And, while it is regrettable that  the
applicant performed Reserve training on his  MSD,  we  do  not  find  the
denial of pay and points for this short period sufficiently egregious  to
resort to a creative correction to grant relief.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate
the  existence  of  probable  material  error  or  injustice;  that   the
application was denied  without  a  personal  appearance;  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 8 April 1999, under the provisions of AFI 36-2603:

                 Mrs. Barbara A. Westgate, Panel Chair
                 Mr. John E. Pettit, Member
                 Mr. Joseph A. Roj, Member
                 Ms. Phyllis L. Spence, Examiner (without vote)

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 22 Jul 98, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, ARPC/DP, dated 1 Dec 98.
      Exhibit D. Letter, AFBCMR, dated 21 Dec 98.
      Exhibit E. Applicant’s Response, dated 10 Jan 99.




                             BARBARA A. WESTGATE
                             Panel Chair