ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-1999-01513
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the  applicant’s  request  for  reconsideration,  he  requests  that  the
additional nonpaid Inactive Duty Training (IDT)  points  initially  approved
by the Board be changed to paid IDT points.
_________________________________________________________________

STATEMENT OF FACTS:

In 1996, the applicant was employed  in  an  Air  Reserve  Technician  (ART)
position at Kelly AFB, TX.  He filed an Equal Employment  Opportunity  (EEO)
complaint in October 1996, alleging he had been  discriminated  against  and
subjected to a  hostile  environment.   The  applicant  and  the  Air  Force
entered into a Negotiated Settlement Agreement  (NSA)  on  12  August  1997,
wherein the applicant received a monetary award.

The applicant’s initial request for  award  of  24  Inactive  Duty  Training
(IDT) points and pay for Retirement Year Ending (RYE)  17 April  1997;  and,
48 IDT points, pay and a year of satisfactory Federal  service  for  RYE  17
April 1998 was considered and partially approved by the Board on  31  August
2000.  A summary of the evidence considered by the Board and  the  rationale
for its decision is set forth in the Record of Proceedings at Exhibit E.

In the applicant’s most recent  request  for  reconsideration,  he  contends
that the Board should grant him paid points because his case  is  identical,
or at least factually indistinguishable, to a co-worker (Mr.  K.  T.  H---).
In support of his request, the applicant  submits  a  copy  of  the  Board’s
action concerning the aforementioned co-worker’s  appeal.   The  applicant’s
complete submission, with attachments, is at Exhibit F.

The referenced AFBCMR appeal concerning co-worker (Mr. K. T.  H---),  AFBCMR
Docket Number 98-00973, is provided for your information at Exhibit G.
_________________________________________________________________

AIR FORCE EVALUATION:

Pursuant to the Board’s request, HQ USAF/JAG provided  their  assessment  of
the applicant’s request that the Board  reconsider  its  original  decision.
Assuming that the applicant’s supporting  documentation  was  the  NSA,  JAG
states that the Board is not obligated to limit its use for  any  particular
purpose and properly considered  the  NSA  during  deliberations.   The  new
evidence submitted by the applicant is the Board’s action in  a  co-worker’s
(Mr. K. T. H---) case.  JAG indicates that the Board should review  the  two
cases and  consider  whether  or  not  the  applicant’s  case  is  factually
distinguishable from Mr. H---’ case.  If so, there may be  sufficient  basis
for the Board’s original decision.  Conversely, if the cases are  materially
indistinguishable, there  would  be  no  legal  objection  to  granting  the
requested relief.  The HQ USAF/JAG evaluation is at Exhibit H.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 13  January
2003 for review and response.   As  of  this  date,  no  response  has  been
received by this office (Exhibit I).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided in  support
of the appeal, we are persuaded that additional  relief  is  warranted.   In
this  respect,  we  find  the  evidence  provided   establishes   that   the
applicant’s case is similar to the referenced case; therefore, treating  the
applicant differently would be an injustice.  Notwithstanding the fact  that
it  appears  the  applicant  did  not  comply  with   the   terms   of   the
confidentiality agreement for which he  was  paid,  we  believe  both  cases
should be treated equitably concerning  the  inactive  duty  training  (IDT)
points received, which is separate and apart  from  any  other  compensation
the applicant may have received from  the  Negotiated  Settlement  Agreement
(NSA).  In view of the foregoing, we recommend the  applicant’s  records  be
corrected to the extent indicated below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a.  The additional 28 inactive duty training points  he  was  credited
with  were  “paid”  points  rather  than  “nonpaid”   points,   during   the
retirement/retention year 18 April 1996 through 17 April 1997, resulting  in
81 total retirement points.

      b.  The additional 36 inactive duty training points he was credited
with were “paid” points rather than “nonpaid” points. during the
retirement/retention year 18 April 1997 through 17 April 1998, resulting in
51 total retirement points; and, that the period 18 April 1997 through
17 April 1998 is a year of satisfactory Federal service for retirement.
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 16 October 2003, under the provisions of AFI 36-2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Ms. Martha J. Evans, Member
              Ms. Renee M. Collier, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered in connection with AFBCMR Docket  Number
BC-1999-01513.

      Exhibit E.  Record of Proceedings, dated 21 September 2000,
                with Exhibits.
      Exhibit F.  Applicant’s Letter, dated 17 September 2002, with
                attachments.
      Exhibit G.  Referenced case, AFBCMR Docket Number 98-00973.
      Exhibit H.  Letter, HQ USAF/JAG, dated 23 December 2002.
      Exhibit I.  Letter, AFBCMR, dated 13 January 2003.




                                   CHARLENE M. BRADLEY
                                   Panel Chair



AFBCMR BC-1999-01513




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 APPLICANT be corrected to show that:

            a.  The additional 28  inactive  duty  training  points  he  was
credited with were “paid” points rather than “nonpaid”  points,  during  the
retirement/retention year 18 April 1996 through 17 April 1997, resulting  in
81 total retirement points.

            b.  The additional 36 inactive duty training points he was
credited with were “paid” points rather than “nonpaid” points. during the
retirement/retention year 18 April 1997 through 17 April 1998, resulting in
51 total retirement points; and, that the period 18 April 1997 through
17 April 1998 is a year of satisfactory Federal service for retirement.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency