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AF | BCMR | CY1999 | 9900120
Original file (9900120.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00120
            INDEX NUMBER:  136.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His retirement date be changed from 1 January 1998 to 31 January 1998.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He performed duty subsequent to his original date of  separation.   If
his record is not amended to the  new  separation  date,  he  will  be
required to repay the funds he was paid  for  performing  duty,  which
will be unjust.

In support of his  request,  applicant  provided  a  letter  from  the
Defense Finance and Accounting Service-Denver Center concerning a debt
in the amount of $476.38 for drills performed on January  10  and  11,
1998, after his separation.  (Exhibit A)

___________________________________________________________________

STATEMENT OF FACTS:

Applicant is a former  Air  National  Guard  (Medical  Service  Corps)
officer.  On 17 November 1997, he submitted a request for transfer  to
the Retired Reserve, to be effective 1 January 1998.   On  30 December
1997, he was discharged from the Texas Air National Guard, transferred
to Headquarters, Air Reserve Personnel Center (ARPC)  on  31  December
1997, and transferred to the Retired Reserve on 1 January 1998.  He is
eligible for retired pay at age 60.

Documentation provided by the applicant indicates that he  attended  a
Unit Training Assembly (UTA) on 10 and  11  January  1998,  which  was
subsequent to his separation, for which he received pay in the  amount
of $476.38.  Since he was not entitled to pay after his separation, he
incurred a debt in the amount of $476.38.

___________________________________________________________________

AIR FORCE EVALUATION:

The Director of Personnel Program Management, ARPC/DPAR, reviewed this
application and recommended denial, stating there is no  provision  of
law that permits members to perform duty for pay or points  after  the
effective date of transfer to the Retired  Reserve.   The  applicant’s
military  personnel  flight  (MPF)  did  not  have  the  authority  to
authorize participation for pay or points.

The complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant stated that in early September 1997 he notified his  MPF  of
his desired retirement date of 1 January  1998.   Subsequent  to  that
notification, he was unable to attend his final UTA in  December  1997
due to unforeseen personal circumstances.  Because of his  absence  at
the December 1997 UTA, his commander ordered him to attend the January
1998 UTA.  He attended the UTA drill on 10 and 11 January 1998.

Applicant’s complete response is 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.  We took notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation 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.  In view  of  the  number  of  years  applicant
served as a Reservist, we believe he should have  been  aware  of  the
fact that he could not participate for pay and  points  subsequent  to
separation.  Furthermore, when he was ordered to  attend  the  UTA  in
January 1998, we  believe  he  had  a  responsibility  to  advise  his
commander that he would be retired prior  to  the  date  of  the  UTA.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

___________________________________________________________________

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 July 1999, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Sophie A. Clark, Member
      Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Jan 99, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPAR, dated 8 Feb 99, w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 1 Mar 99.
    Exhibit E.  Letter from Applicant, dated 1 Mar 99.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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