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AF | BCMR | CY2003 | BC-2003-01365
Original file (BC-2003-01365.doc) Auto-classification: Approved

                            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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