RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00998
INDEX CODE 135.02
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be awarded three points for the retirement/retention year ending
(RYE) 8 April 1999 so that it will be a satisfactory year of Federal
service for retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Due to complications of her first pregnancy, she was unable to
complete a good year in retirement/retention year ending 99, leaving
her with 47 points. She completed Squadron Officer School in February
1998 which gave her 43 ECI points but counted toward
retirement/retention year ending 1998 (132 total points). Eighty-two
points were accumulated during retirement/retention year 2000.
In support of her appeal, she submits a letter from her doctor,
ANG/USAFR point credit summary and a letter from Directorate for
Information Operations and Reports.
Applicant’s complete submission, with attachments, is at Exhibit A.
Examiner's Note: Applicant refers to RYE 1998 requiring correction,
however the correct RYE is 1999.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Air National Guard from 9 April 1988 as an
enlisted member until her release on 13 February 1991. The applicant
then accepted a commission in the Air National Guard at McGhee Tyson
Airport, Tennessee. For RYE 8 April 1999, the applicant earned 0
active duty points, 32 inactive duty points, 0 Extension Course
Institute points and 15 membership points for a total of 47 retirement
points. This was not a satisfactory year for federal service.
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPKC recommended disapproval. There is no indication an error or
injustice occurred. Title 10, United States Code, Section 12732,
requires an individual to accrue 50 points per retention/retirement
year for a satisfactory year of service. There are no provisions in
the law to waive the minimum point requirement for a satisfactory year
of federal service.
When individuals are assigned to Reserve units they are given the
information regarding their participation requirements for their
position. The applicant is requesting points from RYE 1997 or 1998,
be deducted, and added to the RYE 1999. In accordance with AFM 36-
8001, paragraph 2.2, this process is not allowed.
The ARPC/DPKC evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 19 April 2002, for review and comment. 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 an error or injustice. After a thorough and careful
review of the evidence of record and applicant's submission, we not
are persuaded that the evidence presented warrants approval of her
request. Title 10, United States Code, Section 12732, requires an
individual to accrue 50 points per retention/retirement year for a
satisfactory year of service. We note the applicant had ample
opportunity to earn the additional 3 retirement points needed for her
to accrue the 50 points needed for the retirement year ending 8 April
1999; and that there are no provisions in the law to waive the minimum
point requirement for a satisfactory year of federal service, or to
move points from one retirement year to another. Therefore, we agree
with the opinion and recommendation of the Air Force and adopt their
rationale as the basis for the conclusion that the applicant has not
been the victim of an error or injustice. 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 Docket Number 02-00998
in Executive Session on 13 June 2002, under the provisions of AFI 36-
2603:
Mr. John L. Robuck, Panel Chair
Mr. Frederick R. Beaman, III, Member
Mr. David C. Van Gasbeck, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Feb 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 8 Apr 02.
Exhibit D. Letter, SAF/MRBR, dated 19 Apr 02.
JOHN L ROBUCK
Panel Chair
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