RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  03-03742
            INDEX CODE:  135.02
      XXXXXXXXX  COUNSEL:  MR. ALVIN CHASE
      XXXXXXXXXX HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the maximum training points (233) for  the  period  June  2000
through June 2001 with pay and allowances.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was ordered  by  his  commander  not  to  participate  in  Unit  Training
Assemblies  (UTAs),  Mandays  and  annual  trainings.   According   to   his
calculations, he would have received a  total  of  233  points  during  this
period.  He was ordered not to participate because he  had  tested  positive
for cocaine; however, he never used cocaine  and  this  was  proven  at  the
administrative discharge board.  He realizes that  the  Air  Force  must  do
something to protect its members and resources from injury or damage from  a
member who might be under the influence of illegal drugs, but he feels  very
strongly that his records should be changed to remove  the  adverse  effects
of his nonparticipation after it  was  proven  he  did  not  wrongfully  use
drugs.  His record as a reservist speaks for  itself.   He  has  always  had
good years, earning maximum points allowed for each  year.   He  knows  that
had he been allowed to participate in UTAs and  Mandays  between  June  2000
and June 2001, he would have achieved maximum points.   As  an  Air  Reserve
Technician, he continued to perform his duties as a  civilian  and  was  not
any less productive because of his  nonparticipation  as  a  Reservist.   He
strongly urges the Board to reach deep into its conscience  and  muster  all
the integrity it has and order the Air  Force  to  correct  his  records  in
restoring points he wrongfully was denied.

In support of his application, he provides a personal  statement,  counsel's
argument in support of his request for correction of records,  copy  of  the
administrative discharge with record of board proceedings with  attachments.
 His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The  Military  Personnel  Database  (MilPDS)  indicates  that  effective   1
December 2001, the applicant was transferred to the Retired Reserve  Section
Awaiting Pay at Age 60 (30 November 2008).  He is credited with a  total  of
32 years, 11  months  and  9 days  of  satisfactory  Federal  service.   The
applicant’s Reserve  participation  history  indicates  that  for  R/R  year
18 April 2000 to 17 April 2001 (contested period), he earned 0  Active  Duty
points, 4 Inactive Duty points, 0 Extension Course  Institute  (ECI)  points
and  15  membership  points  for  19  total   retirement   points   and   an
unsatisfactory year of Federal service.  For R/R year 18 April  2001  to  17
April 2002 (a part of the  contested  period),  he  earned  34  Active  Duty
points, 45 Inactive Duty points, 0 ECI points and 15 membership  points  for
94 total retirement points and a satisfactory year of Federal service.   For
the Retirement Years Ending (RYEs) 17 April 1996, 1997,  1998  and  1999  he
was credited with 81, 103, 94, and 122 total points, respectively.

For RYE 17 April 2003, the applicant was credited with 49  active  duty,  82
inactive duty and 15 membership points, for a total  of  139  points  and  a
satisfactory year of Federal service.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPM recommends the application be partially granted.  DPM  states  that
there is no documented evidence to credit the  member  with  233  points  as
requested;  however,  based  in  part  on  the  member's  most  recent  past
participation history (18 Apr 99 -  17  Apr  00),  it  could  be  reasonably
expected that the member would have participated  enough  to  afford  him  a
"satisfactory  year."   Additionally,  DPM  noted  that  the  applicant  has
historically participated to a level that earned  him  at  least  90  points
toward retirement each Retention/Retirement (R/R) year.

The AFRC/DPM 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  9
January 2004 for review and response.  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 timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice.  The applicant’s  performance  history  indicates
that as a member of the Air Force Reserve since 1978,  he  consistently  met
the required training points necessary for a satisfactory year.  As the  Air
Force  office  of  primary  responsibility  indicates,  the  applicant   has
historically participated to a level that earned  him  at  least  90  points
toward retirement each Retention/Retirement year.  Therefore, in  an  effort
to offset any possibility of an injustice, we agree with the  recommendation
of the office of primary responsibility to allow the applicant’s record  for
Retirement Year Ending (RYE) April 2001 reflect that he attained a total  of
90 points for RYE April 2001 and a year of satisfactory  service.   By  such
action, we believe that the applicant will be afforded  proper  and  fitting
relief.  While we find it appropriate to grant the applicant  enough  points
for him to earn a satisfactory year, we believe that the applicant  has  not
provided any evidence that would persuade us that he would have  earned  the
maximum training points for the period in question.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected  to  show  that  that  he  was  credited  with  an
additional 15 paid active duty points, 12  paid  Active  Duty  Special  Work
(ADSW) points and 44 paid inactive duty points for the  retirement/retention
year 18 April 2000  through  17  April  2001,  resulting  in  90  total  and
retirement points and a satisfactory year of Federal service

_________________________________________________________________

The following members of the Board considered this application in Executive
Session on 12 February 2004, under the provisions of AFI 36-2603:

            Ms. Brenda L. Romine, Panel Chair
            Ms. Barbara R. Murray, Member
            Mr. David C. Van Gasbeck, Member

All members voted to correct the  record  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Oct 03, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Record.
      Exhibit C.  Letter, ARPC/DPM, dated 29 Dec 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.




                                   BRENDA L. ROMINE
                                   Panel Chair
AFBCMR 03-03742





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 XXXXXXX, be corrected to show that he was credited with
an additional 15 paid active duty points, 12 paid Active Duty Special Work
(ADSW) points and 44 paid inactive duty points for the retirement/retention
year 18 April 2000 through 17 April 2001, resulting in 90 total and
retirement points and a satisfactory year of Federal service.










                                       JOE G. LINEBERGER

Director

Air Force Review Boards Agency