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AF | BCMR | CY2003 | BC-2003-00705
Original file (BC-2003-00705.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00705
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Her Retention Years Ending (RYE) 29 Dec 93 and 29 Dec 96 be changed
to good years and that they be credited as  years  of  satisfactory
federal service toward retirement.

___________________________________________________________________

APPLICANT CONTENDS THAT:

After a review of her records, she  discovered  that  the  calendar
year and the fiscal year were mixed up and as a result  credit  for
years of service were not properly categorized.   Specifically,  in
RYE 93 and RYE 96.

Correction of her records, based on documentation  submitted,  will
clear up the years in question and credit her with  two  additional
years of satisfactory federal service towards retirement.

In support of her appeal, applicant submitted a personal statement;
and copies of several AF Forms 40a (Record of  Individual  Inactive
Duty Training) for the periods of duty performed during RYE Dec 92,
Dec 93, Dec 94, and Dec 95.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve on 30 Dec 89.  She  had
prior active duty service with the Army during the period 12 Sep 78
to  2  May  85.   When  she  entered  the  individual  mobilization
augmentee (IMA)  program  from  civilian  status  30  Dec  89,  her
retention/retirement (R/R) date was established as 30 Dec.

Applicant’s ANG/USAFR Point Credit Summary reflects that during RYE
29 Dec 91, she was credited with 47 total and retirement points and
an unsatisfactory year for retirement; RYE 29 Dec 92, 49 total  and
retirement points and an unsatisfactory year  for  retirement;  RYE
29 Dec 93, 45 total and retirement  points  and  an  unsatisfactory
year for retirement; and RYE 29 Dec 96,  48  total  and  retirement
points and an unsatisfactory year for retirement.

Applicant’s AF Form 526, Point Credit Summary,  reflects  that  she
has been credited for all points in question, during the years they
were performed.

She has been credited with 15 years,  7  months,  and  21  days  of
satisfactory federal service towards retirement.

In accordance with AFM 36-8001, a reserve  member  is  required  to
earn a minimum of 50 points (including membership points) in  their
full R/R year for award of a year of satisfactory  federal  service
for retirement.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP reviewed this application and recommended denial.  They
indicate the applicant had three Retirement  Year  Endings  (RYEs),
29 Dec 91, 92 and 93, as unsatisfactory years of service.  For  RYE
29 Dec 93, the applicant did  not  earn  any  points  from  Sep  93
through Dec 93, then after  two  consecutive  satisfactory  federal
service years, the applicant received another unsatisfactory  year,
and did not earn points from Sep 96 through Dec 96.

They state that the AF Forms 40a provided with the application  are
all correctly recorded on the applicant’s AF  Form  526,  ANG/USAFR
Point Credit Summary, and are  showing  in  the  proper  retirement
years.  According to Air Force Manual 36-8001,  para  2.2,  “points
may only be credited to the date a member  actually  performed  the
duty.”  The applicant was credited with points and  in  the  proper
retirement years.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a copy of a  letter  from  the  her  supervisor,
explaining the circumstances surrounding her  unsatisfactory  years
of service and her satisfactory participation in  subsequent  years
of service since.

Applicant’s complete response 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.  Based on the evidence of record and that verified by HQ  Air
Reserve Personnel Center (HQ ARPC), the applicant was given  credit
for all of her participation performed during the retirement  years
ending (RYEs) 29 Dec 93 and 29 Dec 96.  Therefore,  we  agree  with
the opinion and recommendation of the Air Force office  of  primary
responsibility and adopt their  rationale  as  the  basis  for  our
conclusion that the applicant has not been the victim of  an  error
or injustice.  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 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 AFBCMR Docket  Number
BC-2003-00705 in Executive Session  on  19  June  2003,  under  the
provisions of AFI 36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. David W. Mulgrew, Member
      Mr. Vaughn E. Schlunz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPP, dated 31 Mar 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, undated.
    Exhibit E.  Letter, Applicant’s Response, dated 2 May 03.




                                   OLGA M. CRERAR
                                   Panel Chair

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