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AF | BCMR | CY2000 | 9901019
Original file (9901019.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-01019
            INDEX CODE:  135, 135.02

            COUNSEL:  None

            HEARING DESIRED:  No

APPLICANT REQUESTS THAT:

He be awarded five (5) non-pay points for  retention/retirement  (R/R)
year 22 Sep 97 to 21 Sep 98 in order to have this year credited  as  a
good year toward retirement.

APPLICANT CONTENDS THAT:

His R/R year was changed on  6 Mar  99  after  close  out.   His  date
assigned to a participating status is 30 May  98.   He  had  only  4.5
months to earn his 50 points.  He pulled all required annual tours and
Unit Training Assemblies (UTAs) since assigned.

In support of his appeal, the applicant provided a  copy  of  his  R/R
date change, Reserve Order  DA-03392,  dated  6 May  98,  and  an  Air
National Guard (ANG)/USAFR Point Credit Summary.

Applicant’s complete submission is attached at Exhibit A.

STATEMENT OF FACTS:

The Air Force indicated the applicant was relieved from the Air  Force
on 21 Sep 97 and transferred to the United States  Air  Force  Reserve
Non-Obligated  Non-Participating  Ready  Personnel  Section   (NNRPS).
Members assigned  to  NNRPS  may  not  participate  in  point  gaining
activities.

On 30 May 98, the applicant was relieved from the NNRPS  and  assigned
to the numbered MSS at Luke AFB, Arizona.  Therefore, during  his  R/R
year 22 Sep 97 to 21 Sep 98, he was eligible to participate for points
from 30 May to 21 Sep 98.

During the timeframe the applicant was eligible  to  earn  points,  he
accrued 14 active duty (AD) points and 16 inactive duty (IDT) points.

The applicant’s record for R/R year 22 Sep 97 to 21 Sep  98  currently
shows 14 AD points, 16 IDT points, 0 Extension Course Institute  (ECI)
points, 15 membership points, 45 total and retirement  points  and  an
unsatisfactory year of Federal service.

The Reserve Order, dated 6 May 98,  assigning  the  applicant  to  the
numbered MSS showed an R/R date of 18 Sep.   After  an  audit  of  his
Master Personnel Record, his R/R date was changed to 22 Sep.   He  was
informed of this change with a letter dated 6 Mar 99.

Prior to the R/R change, the applicant’s record showed he earned 14 AD
points, 16 IDT points, 0 ECI points, 15 membership  points,  45  total
and retirement points and an unsatisfactory year of  Federal  service.
These points were aligned to coincide with the R/R year of  18 Sep  97
to 17 Sep 98.

AIR FORCE EVALUATION:

The Director of Personnel Program Management, ARPC/DP,  reviewed  this
application and indicated that regardless of the  four-day  change  to
the applicant’s R/R date, the year in question was unsatisfactory  for
Federal service.  While the timeframe was short for the  applicant  to
participate during the R/R year, it could have been possible  for  him
to have a satisfactory  Federal  service  year.   DP  recommends  this
application be disapproved.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  applicant  on
24 May 99 for review and response.  As of this date, no  response  has
been received by this office.

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.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that he should be awarded five non-pay points for  R/R  year
22 Sep 97 to 21 Sep 98 in order to have this year credited as  a  good
year toward retirement.  His contentions are duly noted;  however,  we
do not find these uncorroborated assertions,  in  and  by  themselves,
sufficiently persuasive to override the rationale provided by the  Air
Force.  We therefore agree with the recommendation of  the  Air  Force
and adopt the rationale expressed as the basis for our  decision  that
the applicant has failed to sustain his burden that  he  has  suffered
either an error or an injustice.  Therefore,  we  find  no  compelling
basis to recommend granting the relief sought.




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 21 January 2000,  under  the  provisions  of  Air
Force Instruction 36-2603:

                  Mr. Benedict A. Kausal, IV, Panel Chair
                  Mr. Patrick R. Wheeler, Member
                  Ms. Rita J. Maldonado, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 6 Apr 99, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DP, dated 5 May 99.
     Exhibit D.  Letter, AFBCMR, dated 24 May 99.




                                   BENEDICT A. KAUSAL, IV
                                   Panel Chair

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