Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-03670
Original file (BC-2003-03670.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03670
            INDEX CODE:  135.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be credited with an additional 30 points during Retirement  Year
Ending (RYE) 16 Jun 00.

___________________________________________________________________

APPLICANT CONTENDS THAT:

1999 - 2000 was identified as a bad year.   This  occurred  despite
his  efforts  to  identify  that  there  might  have  been   issues
surrounding his reassignment due to his unit deactivation.  He  was
not provided adequate information regarding his options to  perform
duty and his RYE  16  Jun  00  was  compromised  due  to  incorrect
information he  received  from  his  Base  Individual  Mobilization
Augmentee Administrator (BIMAA) and his  resource  manager  at  his
unit.   This  resulted  in  him  not  being  able  to  fulfill  his
requirement for a good satisfactory year toward retirement.

Applicant states that he had financial and time  constraint  issues
at his work which precluded  him  from  accomplishing  the  minimum
participation requirement.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Prior to the events under review, applicant served on  active  duty
from 17 Jun 80 through 17 Jun 98.  He transferred to the Air  Force
Reserve on  18  Jun  98  and  is  currently  participating  in  the
Individual Mobilization Augmentee (IMA) program.

In Jun 99, applicant identified the need to be  reassigned  due  to
his unit being  deactivated.   His  new  assignment  was  effective
15 Dec 00.

During Retirement Year Ending 16  Jun  00,  he  was  credited  with
6 inactive duty training (IDT) points, and  15  membership  points,
for  a  total  of  21  total  and   retirement   points,   and   an
unsatisfactory year of participation.  As of RYE 16 Jun 03, he  has
been credited with 22 years of satisfactory Federal  service,  with
the last five in a Reserve component.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AETC/CCR  reviewed  this  application  and  recommended  denial.
Based on their analysis  of  the  case,  the  BIMAA  counseled  the
applicant to perform all of his training within a  window  to  meet
both his fiscal  year  (FY)  and  retention/retirement  (R/R)  year
requirements.   Oct  99  to   Jun   00   afforded   the   applicant
approximately nine months time to complete his  requirement  of  24
days of training.  Additionally, he was advised  that  applications
for reassignment to another unit could take  several  months.   The
full coordination process was explained to include final assignment
actions at HQ ARPC level.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated his  original  contentions  that  he  was  not
properly  counseled  or  advised  and  that   he   identified   the
deactivation of his unit would require a  reassignment  to  another
unit.  Additionally, at the time he identified that  his  unit  was
being deactivated, he was not advised to complete an AF Form  1288,
Application for  Ready  Reserve  Assignment.   Even  after  several
phones calls, it took until Dec 99 for  his  reassignment  to  take
place.

Applicant’s complete response 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 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.  After a  thorough
review of the evidence of record and applicant's submission, we are
not  persuaded  that  his  uncorroborated  assertions,  in  and  by
themselves, are sufficiently persuasive to override  the  rationale
provided by the Air Force.  Applicant argues he  was  not  provided
adequate information regarding his options to perform duty and that
his RYE 16 Jun 00 was compromised due to incorrect  information  he
received  from   his   Base   Individual   Mobilization   Augmentee
Administrator (BIMAA) and his resource manager at his unit.   Based
on the evidence of record, applicant had approximately nine  months
to  complete  his  requirement  of  24  days  of  training   during
Retirement Year  Ending  (RYE)  16 Jun 00,  which  we  believe  was
adequate time for him to complete his requirement.   Therefore,  we
agree with the opinion and recommendation  of  the  Air  Force  and
adopt the rationale expressed as the basis for  our  decision  that
the applicant has failed to sustain his burden of  having  suffered
either an  error  or  injustice.   Therefore,  in  the  absence  of
persuasive 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-2003-03670 in Executive Session on 19 February 2004,  under  the
provisions of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Ms. Jean A. Reynolds, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Oct 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AETC/CCR, dated 16 Dec 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.
    Exhibit E.  Letter, Applicant, undated.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-01372

    Original file (BC-2003-01372.doc) Auto-classification: Approved

    ___________________________________________________________________ APPLICANT CONTENDS THAT: He was told when he became an individual mobilization augmentee (IMA) that his retention/retirement (R/R) date was 5 Dec and that he needed to earn 50 points between 5 Dec and 4 Dec to have a “good year.” At some point his records were audited and his R/R date was changed to 30 Jan, but he was never notified of the change. This recommendation will provide the applicant a satisfactory year of service...

  • AF | BCMR | CY2003 | BC-2003-00705

    Original file (BC-2003-00705.doc) Auto-classification: Denied

    For RYE 29 Dec 93, the applicant did not earn any points from Sep 93 through Dec 93, then after two consecutive satisfactory federal service years, the applicant received another unsatisfactory year, and did not earn points from Sep 96 through Dec 96. According to Air Force Manual 36-8001, para 2.2, “points may only be credited to the date a member actually performed the duty.” The applicant was credited with points and in the proper retirement years. Based on the evidence of record and...

  • AF | BCMR | CY2000 | 0002092

    Original file (0002092.doc) Auto-classification: Denied

    The applicant’s records under this selection process must be better than all the records below the board score required for selection and equal to or better than at least one of the records that had the board score needed for promotion. If the applicant had been considered by the initial 00E8 Evaluation Board he would have needed a board score of 352.50 to have been selected. During the supplemental process, his records were benchmarked with three records that a received a 352.50 board...

  • AF | BCMR | CY1998 | 9601447

    Original file (9601447.pdf) Auto-classification: Approved

    At the completion of the course of treatment she was found fit for full duty and released from active duty back to the Air Force Reserve. No Medical Evaluation Board (MEB) was initiated at this time to determine her fitness for duty and AFRES started administrative discharge action under the provisions of AFI 36-3209. Also, in September 1996, ARPC/DPAD terminated discharge action and cleared her to return to active participating status with an assignment limitation code 7 96-0 1447 of...

  • AF | BCMR | CY2003 | BC-2002-01500

    Original file (BC-2002-01500.doc) Auto-classification: Approved

    An AF Form 526 (ANG/USAFR Point Credit Summary), dated 15 Feb 86, addressed to the applicant, reflects that as of Retirement Year Ending (RYE) 15 December 1985 he had 18 years, 8 months, and 10 days of satisfactory service. They further state that the applicant would need an additional 1 year, 3 months, and 20 days of satisfactory service to gain eligibility for retired pay. After careful review of the limited records and the applicant’s submission, it appears the applicant believed that...

  • AF | BCMR | CY2000 | 9903330

    Original file (9903330.doc) Auto-classification: Denied

    A copy of the complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s counsel was erroneously advised by SAF/MIBR on 11 Feb 00 that the Air Force was recommending approval. The supporting statements were noted, as was the applicant’s primary contention that a unique wing policy regarding PME recommendations denied him equal protection for promotion purposes. We note the OPR closing 25...

  • AF | BCMR | CY2009 | BC-2008-03272

    Original file (BC-2008-03272.docx) Auto-classification: Denied

    We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion of the Air Force office of primary responsibility that the applicant has not been the victim of an error or injustice as there is no evidence that he did not have sufficient opportunity during the 10 months after his assignment to the 37 th SFS to earn the additional 16 points he needed for a satisfactory year of service for RYE 9 January 2008. The applicant be...

  • AF | BCMR | CY2000 | 0000104

    Original file (0000104.doc) Auto-classification: Denied

    The applicant filed his EOT complaint in August 1987, after he was not selected for renewal of his 3-year initial BIMAA tour. ___________________________________________________________________ The following members of the Board considered this application in Executive Session on 3 August 2000, under the provisions of AFI 36- 2603: Dr. Gerald B. Kauvar, Panel Chair Ms. Marcia Bachman, Member Mr. Roger E. Willmeth, Member The following documentary evidence was considered: Exhibit A. DD Form...

  • AF | BCMR | CY2000 | 9903145

    Original file (9903145.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: The Enlisted Promotion and Military Testing Branch, HQ AFPC/DPPPWB, stated that the first time the contested report was considered in the promotion process was Cycle 98E8 to senior master sergeant (E-8), promotions effective Apr 98 - Mar 99. The Directorate of Personnel Program Management, HQ AFPC/DPPPAB, stated that the applicant included a letter of support from his rater, which reiterates Air Force...

  • AF | BCMR | CY2002 | 0102452

    Original file (0102452.doc) Auto-classification: Denied

    In a letter dated 12 Jan 02, the applicant's wife requested an extension of time in which to respond. A copy of his response, with attachment, is at Exhibit G. Then in a letter dated 30 Jan 02, the applicant requested that his case be temporarily withdrawn. _________________________________________________________________ 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...