RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03370
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Retention/Retirement (R/R) Year from 1 September 1995 to 31 August  1996
be changed from an unsatisfactory to satisfactory year  of  Federal  service
for retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is absolutely certain that he performed a UTA in  August  1996  that  was
miscredited for the following month.  The net effect of this  is  that  1996
was not a creditable year for his retirement since his point total was  only
46 (his creditable year ends on 31 August and beings on  1  September).   He
was a newly hired Air Reserve Technician (ART)  in  1996  and  as  such  was
required to be present at all UTAs unless TDY; therefore, this seems  to  be
an obvious error.

In support of his appeal, the applicant provided a  copy  of  his  1996  pay
record from 514 AGS.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade  of
technical sergeant.

On 31 March 1996, the applicant was relieved  from  the  Non-obligated  Non-
participating  Ready  Personnel  Section  and  assigned  to   514   Aircraft
Generation Squadron, McGuire AFB.





Reserve Order  DA-01859,  dated  4  March  1996  documents  the  applicant’s
Retention/Retirement date as 1 September.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  ARPC/DPP  recommended  denial.   They  indicated  that   the   applicant
performed two inactive duty-training (IDT) days in  every  successive  month
from April 1996 to July 1996.  The applicant performed an annual  tour  from
26  July  1996  through  9 August  1996,  for  15  days.    The   day-by-day
participation shown on the ANG/USAFR Point Credit Summary, AF Form 526,  for
retirement year ending (RYE) 31 August 1996  is  substantiated  by  the  pay
record, 31 December 1996.  The point credit summary or the pay  record  does
not show any participation for  inactive  duty  training  in  the  month  of
August 1996.

The applicant received retirement points for the  specific  days  that  were
submitted to the Reserve Pay Office.   The  pay  record  and  the  ANG/USAFR
Point Credit Summary for the next R/R year ending 31 August 1997, shows  the
applicant received paid  points  for  4  IDT  days  during  September  1996.
Points for participation can only be credited for  the  dates  the  inactive
duty was performed.   If  this  application  were  approved,  the  following
corrective action would be necessary:

        a.  For RYE 31 August 1996, award 4 non-paid IDT points.

        b. The applicant’s record would then show 15 active duty points,  20
IDT points, 0 Extension Course Institute points, 15  membership  points,  50
total and retirement points and a year of satisfactory federal service.

The evaluation, with attachment, is at Exhibit C.

EXAMINER’S NOTE:  AFPC/DPP indicates that the applicant was  serving  as  an
IMA.  He was not serving as an IMA.  Correction to the advisory is  attached
at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed  the  evaluation  and  indicated  that  although  the
Reserve Order DA-01859 does assign him to the 514th  AMW  as  an  Individual
Mobilization Augmentee (IMA) he  was  in  fact  hired  as  a  full-time  Air
Reserve Technician (ART).  This is extensively documented  in  his  military
records.  He has never served as an IMA.  If nothing else, this proves  that
serious personnel documentation errors can and do occur.

The ARPC memo states, “The point credit summary or the pay record  does  not
show any participation for inactive duty training in  the  month  of  August
1996.”  This is true, but given the fact that he was an  ART  (not  an  IMA)
and  therefore  required  to  be  present  at  all  monthly  unit   training
assemblies (UTAs) in order to perform his primary duty  of  supervising  and
instructing traditional Reservists, how can this be accurate?  Where is  the
August drill?  Furthermore, why are two  (2)  UTAs  shown  as  performed  in
September 1996, one of which  (1-2  September)  would  have  occurred  on  a
Sunday and Monday?  There would be absolutely  no  reason  for  him  or  the
514th AGS to perform such an action; in fact, he  would  have  had  to  take
leave from his civilian position as an ART in order to accomplish this.   He
therefore contends  that  the  record  of  inactive  duty  training  on  1-2
September 1996 is erroneous and that he  did  in  fact  participate  in  the
August 1996 drill on 24-25 August.

Applicant’s response, with attachments, is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however,  a  majority
of the Board agrees with the opinion and recommendation  of  the  Air  Force
and adopts their  rationale  as  the  basis  for  our  conclusion  that  the
applicant has not been the victim of an  error  or  injustice.   It  appears
that the applicant received retirement points for the same  days  for  which
he received pay during the contested time period, as indicated  on  his  pay
record and AF Form 526, ANG/USAFR Point Credit Summary.  The majority  notes
that the applicant participated in an annual  tour  during  the  July/August
1996 timeframe for which he received pay and points.  The  applicant  argues
that apparently in addition to this annual  tour  he  also  participated  in
inactive  duty  training  in  August  1996;  however,  other  than  his  own
uncorroborated assertion, he provides no  documentary  evidence  to  support
his claim.  Since points for participation  can  only  be  awarded  for  the
dates that training was performed, the majority is not  persuaded  that  the
records should be corrected.  Should the applicant submit  documentation  to
support his claim, the Board  would  be  willing  to  review  his  case  for
possible reconsideration.  However,  in  the  absence  of  evidence  to  the
contrary, the majority finds no compelling basis  upon  which  to  recommend
granting the relief requested.

________________________________________________________________

THE BOARD DETERMINES THAT:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  02-03370
in Executive Session on 28 January 2003, under the  provisions  of  AFI  36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Diane Arnold, Member
                  Mr. Michael Barbino, Member

By a majority vote, the Board recommended denial of  the  application.   Ms.
Diane Arnold voted to grant, but she does not  wish  to  submit  a  Minority
Report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 15 October 2002, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPP, dated 14 November 2002, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 22 November 2002.
   Exhibit E.  Letter, Applicant, dated 1 December, w/atchs.




                                RICHARD A. PETERSON
                                Panel Chair

AFBCMR 02-03370





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant had
not provided sufficient evidence of error or injustice and recommended the
case be denied.  I concur with that finding and their conclusion that
relief is not warranted.  Accordingly, I accept their recommendation that
the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency