RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBERS:  BC-2003-02404
                                       INDEX CODE:  131.00, 113.01
      XXXXXXXXXXXXXXXX                  COUNSEL: NONE

      XXXXXXXXX                         HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to reflect his date of  rank  (DOR)  to  major  as  1
October 1999 and he be awarded enough  non-pay  points  for  good  years  of
service toward promotion and federal years  of  service  for  the  period  1
January 1999 through 2 July 2003.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not accessed into the Reserves due to  an  administrative  oversight.
The oversight delayed his entry  into  the  Reserves,  changed  his  DOR  to
major, and caused a loss of participation points toward promotion and  years
of federal service.

In support of his application, the applicant provides  a  point  paper,  and
copies of his Reserve appointment order dated 9 August  2002,  an  ARPC/DPAB
letter dated 29 August 2002, his Reserve promotion order to  major  dated  2
June 2003, and  his  Reserve  assignment  order  dated  1  July  2003.   The
applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the records forwarded with his application, the  applicant  was
appointed as Reserve of the Air Force in the grade of  captain  effective  1
January  1999.   His  appointment   order   reflects   his   Total   Federal
Commissioned Service Date (TFCSD) as 28 May 1986.  He was  promoted  to  the
grade of major, Reserve of the Air Force, effective and  with  a  DOR  of  1
October 1999.  As of the period ending 1 July 2003, he was credited with  13
years, 7 months, and 3 days of satisfactory Federal service.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPA recommends approval  of  the  applicant’s  request  in  part.   DPA
states the applicant  was  honorably  discharged  from  active  duty  on  31
December 1998 with 12 years 7 months and 5 days of Active  Federal  Military
Service (TAFMS).  The applicant received separation pay  and  his  discharge
was contingent upon accepting a Reserve commission as required by  Title  10
U.S.C., Section 1174 (e), Ready Reserve Service  Agreement.   On  29  August
2002, the applicant was sent a  notice  informing  him  that  administrative
action was taken to correct his personnel records.  He was  appointed  as  a
Reserve officer in  the  grade  of  captain  effective  1  January  1999  to
complete his 3-year service agreement.  The applicant was  promoted  to  the
grade of major effective 1 October 1999 by a special  selection  board  held
for his missed promotion opportunity following his  separation  from  active
duty Air Force.  On 25  June  2003  the  applicant’s  personnel  record  was
administratively corrected to reflect his assignment to the Standby  Reserve
effective 1 January 2002 due to completion of his 3-year service  commitment
in the Ready Reserve.

DPA states the applicant was assigned from the Standby Reserve to the  Ready
Reserve effective 2 July 2003 with  the  Individual  Mobilization  Augmentee
(IMA) Program.  ARPC adjusted his DOR from 1  October  1999  to  1  November
2000 in accordance with AFI 36-2504,  Officer  Promotion,  Continuation  and
Selective Early Removal in the Reserve of the Air Force, Table 5.2, Date  of
Rank Rule 12, which states “if an  officer  with  no  pending  propriety  of
promotion action accepts an assignment following a break in  active  status,
the date of rank is adjusted to reflect only the time in grade spent  in  an
active status.”

DPA states the applicant submitted an AF Form 1288,  Application  for  Ready
Reserve Assignment, on 3 September 2002, which was approved by the  HQ  AFMC
IMA Program Manager on 9 December  2002.   DPA  recommends  the  applicant’s
effective date for reassignment into the  IMA  program  be  corrected  to  3
September 2002, adjust the applicant’s DOR from 2 November 2000  to  3  June
2000, and award the  applicant  35  non-paid  points  for  the  R/R  year  3
September 2002 through 2 September 2003.   The  ARPC/DPA  evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant claims that he filed an AF Form 1288 for Reserve  assignment
prior to 3 September 2002.  The  recruiter  he  was  applying  through  no
longer has a copy; however, the recruiter can validate  that  it  existed.
Through no fault of his  own,  he  was  not  properly  accessed  into  the
Reserves, he wasn’t informed of Reserve service opportunities, he did  not
meet normal promotion opportunities,  and  he  has  lost  valuable  points
toward promotion and retirement.  The 35  points  suggested  in  the  ARPC
advisory does not account for a good year  unless,  in  addition,  the  15
membership points are added (50 total) and then given a good year for  the
retirement/retention (R/R) year 2 July 2002 through 1 July 2003.  He still
requests 50 unpaid points per year to account for the time period for  R/R
year 1 July 1999 to 2 July 2003.  His break in active status  referred  to
and used to adjust his DOR, can be directly attributed to  him  not  being
properly accessed into Air Force Reserves military personnel  data  system
due to  the  administrative  oversight.   Therefore,  his  DOR  should  be
corrected to 1 October 1999.  The applicant’s review 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 timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  We note the applicant  incurred  a  three-
year service commitment in the Reserves for receiving  separation  pay  when
he was discharged from active duty.  Due to an administrative oversight  the
applicant was not properly accessed into  the  Air  Force  Reserve  military
personnel data system.  Based on this  information,  we  believe  that  some
relief is warranted in this matter.  Therefore, we agree with  the  opinions
and recommendations of the Air Force office of  primary  responsibility  and
find that, based on the available evidence, by  correcting  the  records  as
indicated below, the applicant will be afforded proper and fitting relief.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice with  respect  to  the  applicant’s
requests concerning credit for satisfactory Federal service for  the  period
1 January 1999  through  2  September  2002  and  for  additional  promotion
service credit.  Even though the applicant  indicates  he  made  application
for a Reserve assignment earlier than 3 September 2002, other than  his  own
assertions, he failed to produce documentary evidence to support his  claim.
 In the absence of evidence showing he applied  for  a  Reserve  appointment
and active Reserve assignment prior to the  time  he  was  notified  of  the
administrative corrections to his record implemented by  Air  Force  Reserve
authorities and his requests were improperly denied, we  find  no  basis  on
which to favorably consider this portion of the application.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

  a.  He was assigned to  the  Individual  Mobilization  Augmentee  Program,
effective 3 September 2002, rather than 2 July 2003, and his  date  of  rank
(DOR) for promotion to the grade of major, Reserve of the Air  Force,  is  3
June 2000 rather than 2 November 2000.

  b.  He was credited with an additional 35 nonpaid inactive duty points
for the retirement/retention year 3 September 2002 through 2 September
2003, resulting in 50 total retirement points and a satisfactory year of
Federal service.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 9 October 2003, under the provisions of AFI 36-2603:

      Mr. Gregory H. Petkoff, Panel Chair
      Ms. Dorothy P. Loeb, Member
      Mr. James A. Wolffe, Member

All members voted to correct the records, as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2003-02404 was considered:

    Exhibit A.  DD Form 149, dated 18 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPA, dated 18 Aug 03.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Aug 03.
    Exhibit E.  Letter, Applicant’s Review, dated 3 Sep 03.




                                   GREGORY H. PETKOFF
                                   Panel Chair



AFBCMR BC-2003-02404




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 XXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that:


        a.  He  was  assigned  to  the  Individual  Mobilization   Augmentee
Program, effective 3 September 2002, rather than 2 July 2003, and  his  date
of rank (DOR) for promotion to the  grade  of  major,  Reserve  of  the  Air
Force, is 3 June 2000 rather than 2 November 2000.

        b.  He was credited with an additional 35 nonpaid inactive duty
points for the retirement/retention year 3 September 2002 through
2 September 2003, resulting in 50 total retirement points and a
satisfactory year of Federal service.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency