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AF | BCMR | CY2003 | BC-2003-02259
Original file (BC-2003-02259.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02259
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

28 points be added to his retention/retirement (R/R) year  21 November
2001 through  20  November  2002  to  have  a  satisfactory  year  for
retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He transferred from the Air National Guard  (ANG)  to  the  Air  Force
Reserve  (AFRES)  in  order  to  accept  an  Individual   Mobilization
Augmentee (IMA) position.  A Stop-Loss policy was implemented and  the
applicant was frozen in the Individual Ready Reserve (IRR) as the  IMA
position he accepted could not be vacated by the retiring incumbent.

In support of his appeal, the applicant has provided  a  copy  of  the
military resignation memorandum he wrote in preparation to transfer to
the AFRES, and a  copy  of  the  message  implementing  the  stop-loss
policy.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was relieved from assignment with the Utah ANG (UT  ANG)
effective 20 October 2001, transferred to the AFRES, and  assigned  to
the HQ Air Reserve Personnel Center (ARPC) inactive reserve  effective
21 October 2001.  On 15 August 2002, the applicant applied for an  IMA
position.  On 9 September 2002, he was relieved from HQ ARPC and on 11
September 2002, he was assigned to an IMA position at Hill AFB, UT.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP  reviewed  this  application  and  recommended  denial.   DPP
disputes the applicant’s claim that a stop-loss policy kept  him  from
completing a good  year  towards  retirement.   DPP  states  that  the
applicant was voluntarily assigned to an inactive reserve section from
21 November 2001 until 11 September 2002, when  he  accepted  the  IMA
position.  DPP notes that the fact that the  member  was  assigned  to
inactive status for a majority of his R/R year, plus the fact that  he
did not earn 35 points during the  time  he  was  in  a  participating
assignment, resulted in him not being  credited  with  a  satisfactory
year of service.

DPP's complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1
August 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 timely filed.

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.   Stop-Loss  policy   notwithstanding,   the
responsibility of earning points  toward  retirement  rests  with  the
service  member.   Additionally,  it  appears   that   the   applicant
voluntarily entered the inactive reserve and remained for the majority
of the year thereby limiting him self to only 15 membership points for
his retention/retirement  (R/R)  year.   After  leaving  the  inactive
reserve he was able to earn 7 additional points before the end of  his
R/R year that resulted in a total of only 22 points, well short of the
50 points required to be considered a  good  year  towards  a  Reserve
retirement at age 60.  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-
2003-02259 in Executive  Session  on  16  September  2003,  under  the
provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Charlie E. Williams, Jr., Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Jun 03, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 28 Jul 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 1 Aug 03.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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