RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01365
INDEX CODE: 135.02
XXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXX HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to show her Retirement/Retention (R/R) years 28
March 1984 through 4 January 1985 and 5 January 1993 through 4 January 1994
are satisfactory years of Federal service.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She was never informed of the affect her active duty discharge and
enlistment into the Reserves would have on her satisfactory years for
retirement. Had she known, she would have changed her active duty
discharge date to coincide with the end of a satisfactory year.
She was not able to perform enough inactive duty training for her R/R year
ending in 1994 because her base of assignment (Lowry AFB, CO) closed in
1993 and there were no local bases available for her to finish her training
requirements for that R/R year.
In support of her application, she provided a copy of her AF Form 526,
Service History. Her complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 28 March 1983, the applicant enlisted in the Regular Air Force at the
age of 19 in the grade of airman basic (E-1) for a period of four years.
She was progressively promoted to the grade of airman first class (E-3).
On 4 January 1985, the applicant was released from active duty under the
Palace Chase program. She was credited with 1 year, 9 months, and 7 days
of prior Regular Air Force active duty service and 13 days of prior
inactive Reserve service. Her R/R year was established as 5 January
through 4 January based on her accession into the Air Force Reserve on 5
January 1985. On 18 January 1985, the applicant enlisted in the Air
National Guard and Air Force Reserve in the grade of airman first class.
Since this enlistment, she has continued to participate and has been
progressively promoted to the grade of technical sergeant (E-6). As of the
Reserve Year Ending (RYE) 4 January 2003, she was credited with 17 years, 9
months, and 7 days of satisfactory Federal service.
For RYE 4 January 1994, the applicant was credited with 12 active duty, 18
inactive duty and 15 membership points, for a total of 45 points and an
unsatisfactory year of Federal service.
___________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends partial relief. It is DPP’s opinion that the applicant
should be awarded the additional 5 non-paid inactive duty training (IDT)
points for her R/R year from 5 January 1993 through 4 January 1994. Lowry
AFB was in the process of closing towards the end of 1993, prohibiting the
applicant an opportunity to participate in training.
DPP states the applicant’s request for her record to reflect a good
retirement year, from 28 March 1984 through 4 January 1985, is prohibited
by regulation. The applicant’s R/R year ended short of a full year due to
her change of components from active duty Air Force to the Air National
Guard. According to Air Force Manual 36-8001, Chapter 2, table 2.4, in
effect at the time, an R/R date is established when a member transfers into
a Reserve component; thus creating a partial year of satisfactory service.
The DPP 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 16 May
2003 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 not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable injustice with respect to the applicant’s request
pertaining to her RYE 4 January 1994. The applicant claims that she was
unable to perform enough inactive duty training for this year because her
base of assignment closed in 1993 and her attempts to locate an alternate
training attachment in the local area were unsuccessful. In their
assessment of her claim, the Air Force office of primary responsibility
confirms the applicant’s claim concerning the base closing and has
recommended her request for credit for a satisfactory year of Federal
service for the RYE 4 January 1994 be approved. We concur with the office
of primary responsibility that the applicant should not be penalized
because of her inability to fulfill training requirements for her R/R year
ending 4 January 1994 due to circumstances beyond her control. Therefore,
her records should be corrected to award her five non-paid inactive duty
training points for her R/R year in question, thereby resulting in a
satisfactory year of Federal service.
4. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice with respect to the applicant’s
request concerning credit for a satisfactory year of Federal service for
the period 28 March 1984 through 4 January 1985. The applicant was
voluntarily released from active duty prior to completion of her Regular
Air Force enlistment for service in the ANGUS at her own request. We note
that prior to 1 October 1995, a member’s R/R date was established on the
date the member was transferred to the Reserve component. Thus, her R/R
date was established as 5 January 1985 in accordance with the governing
regulations and policies then in effect. Since the applicant did not
participate a full year towards an active duty retirement, the year cannot
be counted as a satisfactory year of federal service. We have noted the
applicant’s assertions concerning this matter and find no evidence to
support her claim of miscounseling. Accordingly, in the absence of
evidence indicating she was treated differently from other similarly
situated members or that the point credit she received as a result of the
completion of a partial year of service is improperly computed, 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 with
respect to her request for credit for a satisfactory year of service for
the period ending 4 January 1985. Accordingly, that portion of the
application is not favorably considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that she was awarded an additional 5 non-
paid inactive duty training points for retirement/retention year 5 January
1993 through 4 January 1994, resulting in 50 total points; and, that the
period 5 January 1993 through 4 January 1994 is a year of satisfactory
Federal service.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 9 July 2003, under the provisions of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Mr. E. David Hoard, Member
Mr. James W. Russell III, Member
The following documentary evidence for Docket Number BC-2003-01365 was
considered:
Exhibit A. DD Form 149, dated 1 Apr 03, with attachment.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 8 May 03.
Exhibit D. Letter, SAF/MRBR, dated 16 May 03.
BRENDA L. ROMINE
Panel Chair
AFBCMR BC-2003-01365
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 XXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that she was
awarded an additional 5 non-paid inactive duty training points for
retirement/retention year 5 January 1993 through 4 January 1994, resulting
in 50 total points; and, that the period 5 January 1993 through 4 January
1994 is a year of satisfactory Federal service.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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