RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00368
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

A duty day she performed on 1 August 2003, in lieu of pay and in order
to make up a one point shortfall  in  her  Retention/Retirement  (R/R)
year of 30 January 2002 to 29 January 2003, be added to her  total  to
make that year a good year towards a Reserve retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During the course of her R/R year, 30 January 2002 to 29 January 2003,
she earned a total of 49 points,  one  point  shy  of  qualifying  her
service as a good year towards retirement.   Her  unit  told  her  she
could perform a duty day for one point only and have it applied to the
previous R/R year.  Her host unit confirmed this and she performed the
duty day.  She has yet to see it credited to her R/R  year.   She  has
spoken with Air Reserve Personnel Center  (ARPC)  who  told  her  this
problem must be resolved at the unit  level.   After  countless  phone
calls, emails, and visits to her host unit, this matter has yet to  be
resolved.

In support of her appeal, the applicant has  provided  copies  of  her
point credit history, a memorandum from her unit commander  confirming
the day of duty she performed for the  point,  and  an  AF  Form  40A,
Record of Individual Inactive  Duty  Training,  showing  the  day  she
performed the duty.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a current member of  the  Texas  Air  National  Guard
(TXANG)  as  a  traditional  guardsman.   She  failed   to   earn   50
participation points in her R/R year of 30 January 2002 to  29 January
2003 and therefore cannot  use  that  year  as  a  good  year  towards
retirement.  Her unit led her to believe she could perform a duty  day
outside the affected R/R year to make up the one point she needed  and
she did so on 1 August 2003.  However, in accordance  with  Title  37,
United States Code, Section 206[e], while a member may be  allowed  by
their commander to perform  duty  to  make  up  missed  Unit  Training
Assemblies (UTA’s) for retirement points, the duty must  be  performed
within their R/R, or anniversary, year.  Her commander actually lacked
the authority to permit her to make up the  missed  time  outside  the
inclusive dates of her anniversary year.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPP recommends denial.  They state the member  made  up  the  time
outside the parameters of the affected R/R year making the  one  point
she earned attributable to  her  next  R/R  year  of  30 January  2003
through 29 January 2004 instead of the prior R/R year.

DPP’s complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states in October 2001, she underwent surgery  on  her  left
knee.  Her medical condition did not prevent her from attending  UTA’s
and she did so until May 2002 when her unit informed her she had  been
declared “fully medically disqualified” until such time as  she  could
produce  medical  evidence  showing  her  knee  had  fully  recovered.
Consequently, she was not able to  attend  UTA’s  or  annual  training
(AT).  As a result of the unit’s erroneous decision, she was unable to
earn sufficient  points  for  a  good  year  towards  retirement.   In
September 2002, she was authorized an  inactive  duty  training  (IDT)
waiver that allowed her to participate  in  UTA’s  but  no  additional
days.

In January 2003, the ANG found her fit to return to duty  in  a  fully
qualified status – too late for  her  to  earn  a  good  year  towards
retirement for her  R/R  year  January  2002  to  January  2003.   She
believes she was wrongfully placed in a profile  status  in  May  2002
that directly led to her being unable to accrue sufficient points  for
a good year.  She requests the Board correct her record to reflect the
year ending January 2003 as a good year for retirement purposes.

_________________________________________________________________

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.  Applicant was placed on a 4T profile
in May 2002 due to a knee injury  and  subsequent  surgery.   She  was
therefore not allowed to attend UTA’s or perform annual training  (AT)
from May 2002 through September 2002 – a full five months of  her  R/R
year.  We note she participated in UTA’s prior to May 2002  and  again
from September 2002 to January 2003.  After a complete review  of  all
the evidence, we are of the opinion that not only  was  the  applicant
misled as to performing an IDT day  outside  her  R/R  year,  but  her
sudden placement in a 4T profile status effectively  deprived  her  of
five months with which to earn sufficient points to obtain a good year
towards retirement.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that  she  was  awarded  an
additional   one   non-paid   inactive   duty   training   point   for
retirement/retention year 30 January 2002  through  29  January  2003,
resulting in 50 total points; and, that  the  period  30 January  2002
through 29 January 2003 is a year of satisfactory Federal service.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 9 December 2004, under the provisions of AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Panel Chair
      Ms. Carolyn B. Willis, Member
      Ms. Dorothy P. Loeb, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Jan 2004, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPP, dated 23 Sep 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Sep 04.
    Exhibit E.  Letter, Applicant, dated 9 Nov 04, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


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Office Of The Assistant Secretary



AFBCMR BC-2004-00368




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating APPLICANT, be corrected to show that she was awarded an
additional one, non-paid inactive duty training point, for
retirement/retention year 30 January 2002 through 29 January 2003,
resulting in 50 total points; and, that the period 30 January 2002
through 29 January 2003 is a year of satisfactory Federal service.







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency