Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-02052
Original file (BC-2003-02052.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02052
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded  military  credit,  in  the  form  of  115  points,  for
completing technical training at Brooks  AFB,  TX  during  the  period
12 July 1999 through 3 November 1999.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has always felt that he should have been  awarded  points  for  the
time he was at military training.  He contends also  that  because  of
the training he  attended  he  missed  several  drill  (Unit  Training
Assemblies - UTA’s) periods.

In support of his appeal, the applicant has  provided  copies  of  the
special order that ordered him to attend the training,  diplomas  from
the particular class he attended, and  a  copy  of  his  Point  Credit
History/Summary.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, currently a 1st Lieutenant, is serving as an Individual
Mobilization Augmentee (IMA) Reservist  with  the  Air  Force  Reserve
(AFRES) at Nellis AFB, Nevada.  In July 1999, he was ordered to attend
military training for Bioenvironmental Engineering.  He  attended  the
training as an Air National Guard Technician from 12 July 1999 through
3 November 1999.  He has over 13 years of combined active and  reserve
service both enlisted and commissioned.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP reviewed this application and recommended denial.  DPP states
that the applicant attended the school in  a  civilian  (Air  National
Guard Technician) status that precluded  him  from  receiving  federal
compensation from two sources for the same time period.  DPP  provides
clarification by noting that the applicant did not qualify for  points
for the training for two reasons: One, he would be in a  dual  federal
status  on  the  same  days  and  two,  he  would  be  receiving  dual
compensation for the same period of work.

ARPC/DPP’s complete 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
11 July 2003 for review and comment within 30 days.  As of this  date,
no response has been received by this office.

_________________________________________________________________

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, 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.   The  applicant   simply   cannot   receive
compensation (points or pay), from two Federal sources  for  the  same
effort.  Therefore, 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-
2003-02052  in  Executive  Session  on  19  August  2003,  under   the
provisions of AFI 36-2603:



      Mr. Richard A. Peterson, Panel Chair
      Mr. Roscoe Hinton, Member
      Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jun 2003, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 7 Jul 03.
    Exhibit C.  Letter, SAF/MRBR, dated 11 Jul 03.




                                   RICHARD A. PETERSON
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2002-03370

    Original file (BC-2002-03370.doc) Auto-classification: Denied

    Points for participation can only be credited for the dates the inactive duty was performed. 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). ...

  • AF | BCMR | CY2005 | BC-2000-02768A

    Original file (BC-2000-02768A.doc) Auto-classification: Approved

    _________________________________________________________________ STATEMENT OF FACTS: On 24 October 2002, the Air Force Board for Correction of Military Records (AFBCMR) considered applicant’s request that the Article 15 imposed on 16 February 1994, and the Officer Performance Report (OPR) closing 30 April 1998, be removed from his records and he be sent to a Replacement Training Unit (RTU) to be re-qualified and reinstated in an active status as an Air National Guard (ANG) fighter pilot in...

  • AF | BCMR | CY2005 | BC-2004-02812

    Original file (BC-2004-02812.doc) Auto-classification: Denied

    Her record shows she completed 15 years, 10 months, and 21 days of honorable federal service as of 18 August 1993. Regarding early qualification for retired pay for members who were medically disqualified for duty, a member must have completed at least 15 years, but less than 20 years, of satisfactory federal service and been medically disqualified for military service on or after 5 October 1994. In this case she would have been eligible for a Reserve retirement at age 60 as she would have...

  • AF | BCMR | CY2006 | BC-2004-02538-2

    Original file (BC-2004-02538-2.doc) Auto-classification: Denied

    On his request, dated 31 May 06, the applicant requests his records be reviewed to determine if he was penalized six months of active service based on being inadvertently discharged while in Palace Option status. The retention/retirement date of 30 September was reestablished in 1997 and the points were realigned to the 10 May retention/retirement date (based on his commissioning service date). Exhibit I. Addendum to the Recording of Proceedings, dated 26 Aug 05, with Exhibits.

  • AF | BCMR | CY2004 | BC-2004-03323

    Original file (BC-2004-03323.DOC) Auto-classification: Approved

    Members of the Board Mr. Richard A. Peterson, Ms. Dorothy P. Loeb, and Ms. Jan Mulligan, considered this application on 18 November 2004. RICHARD A. PETERSON Panel Chair Attachment: Ltr, ARPC/DPP, dtd 8 Nov 04 AFBCMR BC-2004-03323 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of...

  • AF | BCMR | CY2002 | 0201918

    Original file (0201918.DOC) Auto-classification: Denied

    For a reserve member to be credited with a year of satisfactory service, 50 retirement points are required. A complete copy of the evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant contends that he performed numerous days of creditable service that were not documented for which he received no credit. Based on the evidence of record and that verified by HQ Air Reserve Personnel Center...

  • AF | BCMR | CY2003 | BC-2003-01357

    Original file (BC-2003-01357.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: His discharge records should indicate the rank of second lieutenant. After reviewing the applicant’s records, there is no indication he was ever commissioned as an officer in either the Air Force or the Air Force Reserves. 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...

  • AF | BCMR | CY2005 | BC-2005-01310

    Original file (BC-2005-01310.doc) Auto-classification: Approved

    His next seven years of service were not considered satisfactory years of service and did not count towards a Reserve retirement. DPP’s complete evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: Applicant agrees the only issue to resolve is that of whether or not 352 days of satisfactory service constitutes a satisfactory year of service or not. Therefore, since the applicant had...

  • AF | BCMR | CY2005 | BC-2005-01574

    Original file (BC-2005-01574.DOC) Auto-classification: Approved

    His records were then corrected to reflect he was appointed in the AFRES on 9 November 1996 with an assignment in the Non-Obligated, Non-Participating Ready Reserve Personnel Section (NNRPS). The DPP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response to DPP’s statement that he had not actively applied for AFRES positions following his discharge from extended active, he submits copies of e-mail...

  • AF | BCMR | CY2005 | BC-2004-03690

    Original file (BC-2004-03690.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03690 INDEX CODE: 129.04 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 7 JUNE 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His retired pay be recalculated to reflect his Air National Guard service he performed after retirement. _________________________________________________________________ APPLICANT...