RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02174
            INDEX CODE:  135.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His DD Form 214  and  all  associated  service  dates  be  corrected  to
reflect that he did not have a break in service.

2.  He be given pay and points for his annual tour (14 days).

___________________________________________________________________

APPLICANT CONTENDS THAT:

Since he was discharged from active duty instead of being reassigned to  his
Reserve position, his record reflects a break in service from 2 August  2000
to 16 April 2001.   His  discharge  was  caused  due  to  confusion  in  the
transition process as a Reserve officer in an active component to a  Reserve
officer in a reserve component.  Due to the late receipt of his  appointment
notice, 1 June 2001, he could not schedule his  annual  training  since  the
deadline for scheduling annual tours had passed.

In support of his application, he provides a personal statement, a  copy  of
his  AF  Form  1288,  Application  for  Reserve   Assignment,   emails   and
correspondence  associated  with  his   Reserve   status   and   application
procedures, a copy of his AF Form 40A, Record of  Individual  Inactive  Duty
Training and a copy of his DD Form 214, Certificate of Release or  Discharge
from Active Duty,.

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

___________________________________________________________________

STATEMENT OF FACTS:

The applicant’s master personnel records were unavailable for  review.   The
following  information  was  extracted  from  documents  supplied  from  the
applicant or maintained in the Personnel Data System (PDS).

On 27 September 1990, the  applicant  was  appointed  a  second  lieutenant,
Reserve of the Air Force, and was voluntarily  ordered  to  extended  active
duty on 22 July 1991.   He  was  progressively  promoted  to  the  grade  of
captain on 24 February 1995.  On 1 August 2000, he was honorably  discharged
because of completion of required service.

In the meantime, on 17 July 2000, orders were issued assigning applicant  to
a Reserve position.  On 28 and  29  August  2000,  the  applicant  performed
Reserve duty for which he earned 4 points.  On 17 April 2001, the  applicant
was appointed a captain, Air  Force  Reserve,  and  assigned  to  an  active
Reserve  assignment.   On  19 September  2001,  based  on   an   application
submitted  by  the   applicant   under   AFI   36-2603,   his   record   was
administratively corrected to show that,  on  1  August  2000,  he  was  not
discharged but was released from active duty  and  transferred  to  the  Air
Force Reserve.  As of the Retirement Year Ending (RYE)  26  September  2000,
he was credited with 10 years of satisfactory Federal Service.   As  of  the
RYE 26 September 2001, he was credited with 15 membership and  total  points
and an unsatisfactory year of Federal service.

___________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPA recommends the application be partially granted.  DPA  states  that
the applicant’s previous application for  Correction  of  Military  Records,
effected  several  administrative  corrections.   DPA   states   that   AFPC
administratively corrected the applicant’s  DD  Form  214,  to  reflect  the
applicant  was  released  from  active   duty   effective   1 August   2000.
Subsequently, ARPC was able to make administrative  corrections  to  reflect
his assignment effective date of 2 August 2000 into the  Air  Force  Reserve
Individual Mobilization Augmentee Program.   DPA  further  states  that  all
associated service dates and promotion  effective  date  were  corrected  to
reflect no break in service.  Due  to  the  change  in  his  DOR  he  became
eligible for the FY02 Line and Non-Line Major’s  Promotion  Selection  Board
which was held on 19 February 2001.   DPA  states  that  since  he  was  not
considered for this selection board he was granted Special  Selection  Board
(SSB) consideration and will receive notification of the SSB  results  under
separate cover.  In addition, applicant was also eligible for the FY03  Line
and  Non-Line  Major’s  Promotion  Selection   Board   which   convened   on
11 February 2002.  However, due to the removal of his  break-in-service  the
applicant is  required  to  have  a  performance  report  from  his  current
assignment and since this document was not available to the  FY03  selection
board, HQ  ARPC/DPB  can  award  an  SSB  when  the  performance  report  is
received.   Furthermore,  DPA  states  that  the  applicant’s   R/R   ending
September  2000  reflects  credit  for  310  active  duty   days   performed
27 September 1999 through 1 August 2000.

DPA recommends approval to allow the applicant to meet R/R requirements  for
RYE September 2001 since he was unable to schedule and  perform  his  annual
tour through no fault of his own. However, DPA  recommends  that  he  should
not receive monetary compensation since he has not yet performed  an  annual
tour or IDT for this period.  Lastly,  DPA  recommends  that  the  applicant
resubmit AF Form 40A  to  his  Reserve  Pay  office  for  payment  of  IDT’s
performed on 28 August 2000 and 29 August 2000.  DPA states that  correction
to his point credits was accomplished by crediting him with 4 IDT points.

DPA evaluation, with attachments, is at Exhibit B.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  5
April 2002 for review and response within 30 days.  As of  this  date,  this
office has received no response.

___________________________________________________________________

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.  We have noted that the Air  Force  office
of primary responsibility has indicated that due to an erroneous  discharge
and delay in the applicant receiving his appointment order, he  was  unable
to meet tour-scheduling deadlines.  Based on this information,  we  believe
that relief is warranted in this matter.  It is our opinion that  the  most
appropriate course of action is to award the applicant  sufficient  nonpaid
points for the Retirement Year Ending  2001  to  enable  the  applicant  to
receive credit for a year of satisfactory service.  We do not  believe  the
circumstances of this case  warrant  the  award  of  pay  for  service  not
performed.  Therefore, in view of the foregoing, and in an effort to offset
any possibility of an injustice, we agree with the  recommendation  of  the
office of primary  responsibility  to  allow  the  applicant’s  record  for
Retirement Year Ending (RYE) September 2001  reflect  that  he  attained  a
total of 50 points for RYE  September  2001  and  a  year  of  satisfactory
service.  By such action, we believe that the applicant  will  be  afforded
proper and fitting relief.

4.  We have noted that recommendation that  the  applicant  be  allowed  to
resubmit his AF Form 40A, Record of Individual Inactive  duty  Training  to
his Reserve Pay Office for payment of the inactive  duty  for  training  he
performed on 28 and 29 August 2000 and do not believe action by this  Board
with respect to this issue is required.  It would appear that as  a  result
of the action taken to administratively correct the applicant’s records  to
show he was released from active duty and  transferred  to  the  Air  Force
Reserve, rather than discharged,  his  status  as  a  Reserve  officer  was
unquestionably restored and, based on the assignment order of 17 July 2000,
he was entitled to pay for the days on which he actually participated in  a
pay status.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force  relating
to APPLICANT be corrected to show that he was credited with  an  additional
14 nonpaid active duty days and 21 nonpaid inactive  duty  points  for  the
retirement/retention year 27 September  2000  through  26  September  2001,
resulting in 50 total and retirement points  and  a  satisfactory  year  of
Federal service.

___________________________________________________________________

The following members of  the  Board  considered  this  application  AFBCMR
Docket Number 01-02174 in Executive Session  on  15  May  2002,  under  the
provisions of AFI 36-2603:

      Mr. David W. Mulgrew, Panel Chair
      Mr. Mike Novel, Member
      Mr. John E. B. Smith, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jul 01, w/atchs
      Exhibit B.  Letter, ARPC/DPA, dated 22 Mar 02, w/atchs
    Exhibit C.  Letter, SAF/MRBR, dated 5 Apr 02.




                                   DAVID W. MULGREW
                                   Panel Chair



AFBCMR 01-02174




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 to              , be corrected to show that he was
credited with an additional 14 nonpaid active duty days and 21 nonpaid
inactive duty points for the retirement/retention year 27 September
2000 through 26 September 2001, resulting in 50 total and retirement
points and a satisfactory year of Federal service.





                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency