RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01619
INDEX CODE: 135.02
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
She receive pay and points for her inactive duty training (IDT) and nine
(9) annual tour days which were rescinded during the months of June-
December 1999.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She was placed in a non-participating status pending an administrative
discharge proceeding. While in this status her inactive duty training
orders were rescinded for the months of June - December 1999. On 19
December 1999, administrative discharge actions were terminated and she was
retained in the Air Force Reserve.
In support of her application, she provides a copy of the memorandum
terminating her administrative discharge and copies of her ANG/USAFR Point
Credit Summary. Her complete submission, with attachments, is at Exhibit
A.
___________________________________________________________________
STATEMENT OF FACTS:
The Military Personnel Data System reflects applicant is currently assigned
to --- AFB, -- as a loadmaster in the grade of master sergeant with an
effective date and date of rank of 1 October 2002. As of the Retirement
Year Ending (RYE) 31 January 2002, she was credited with 17 years, 10
months and 19 days of satisfactory Federal service. Records reflect that
an administrative discharge case was pending on the applicant for her use
of amphetamines (Dexedrine). On 19 December 1999, the Vice Commander found
that a preponderance of the evidence did not prove her use of amphetamines
(Dexedrine) was wrongful and terminated administrative discharge actions
and she was retained in the Air Force Reserve.
The applicant’s service history record indicates that for R/R year
1 February 1999 to 31 January 2000 (contested period), she earned 17 Active
Duty points 22 Inactive Duty points, 0 Extension Course Institute (ECI)
points and 15 membership points for 54 total retirement points and a
satisfactory year of Federal service. All R/R years following and ending
with R/R year 31 January 2002 are satisfactory years.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFRC/DPM recommends the application be denied. DPM states that the
finding of the Administrative Discharge Board does not retroactively
constitute grounds for award of pay and points. The applicant was denied
participation for cause and therefore ineligible to participate. The
AFRC/DPM evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 13
September 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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After reviewing the evidence provided, we
do not believe the circumstances of this case warrant the award of pay or
points for service not performed. Therefore, in the absence of evidence
indicating she was treated differently from other similarly situated
members, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and conclude that the applicant has not
sustained her burden of establishing that she has suffered either an error
or injustice. Accordingly, the applicant’s request is not favorably
considered.
_________________________________________________________________
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 6 October 2003, under the provisions of AFI 36-2603:
Ms. Marilyn Thomas, Vice Chair
Ms. Barbara R. Murray, Member
Ms. Anne-Cecile McDermott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 May 02, w/atchs.
Exhibit C. Letter, AFRC/DPM, dated 6 Aug 02, w/atchs.
Exhibit D. Letter, SAF/MIBR, dated 13 Sep 02.
MARILYN THOMAS
Vice Chair
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