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AF | BCMR | CY2004 | BC-2004-00713
Original file (BC-2004-00713.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00713
            INDEX CODE:  113.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Half of the active duty points  (points  only)  he  earned  from  1  Sep  91
through 31 Aug 92 be transferred to the previous retirement/retention  (R/R)
year in order to give him a good year toward retirement for the R/R  year  1
Sep 90 through 31 Aug 91.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1991, while an Individual Mobilization  Augmentee  (IMA),  he  mistakenly
did not perform his annual tour until the end of his  R/R  year  anniversary
date.  This is evident by the fact that he  was  credited  with  double  the
normal annual tour days the following year.  He  came  off  active  duty  in
1989 and did not understand the R/R year concept.

In support of his request, applicant provided a  Service  History  printout.
His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was released from active duty (AD) and assigned as  an  IMA  on  1
Sep 89.  He was credited with 14 AD points, 15  membership  points,  and  24
inactive duty training (IDT) points for R/R year 1 Sep  89  through  31  Aug
90, and a satisfactory year of federal service.  From 1 Sep  90  through  31
Aug 91, he earned zero AD points and 18 IDT points  and  since  he  did  not
accrue 50 points, this year was not a satisfactory year of Federal  service.
 During R/R year 1 Sep 91 through 31 Aug 92, he  was  credited  with  48  AD
points, 15 membership points, and  24  IDT  points.   He  currently  has  20
years, three months and 23 days of satisfactory Federal service.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states in accordance  with  AF  Manual  36-
8001, points may only be credited to the date a  member  actually  performed
the duty.  Retirement points cannot be transferred  from  one  R/R  year  to
another.  He states he discovered the mistake several  years  ago  but  only
recently became aware he could petition to have  the  points  assigned.   He
applied to the AFBCMR on 27 Feb 01,  requesting  to  be  awarded  15  points
credited to R/R year 1 Sep 98 to 31 Aug 99 based on the  injustice  that  he
was overseas and made an error not completing his  annual  tour  before  the
end of his R/R year.  The AFBCMR approved his request.

He fulfilled the required AD and IDT points the first year he  performed  as
an IMA, it was not until his second year as an IMA that he did  not  perform
the required AD points and therefore received an unsatisfactory year.   Each
member receives a point credit summary at the completion of their  R/R  year
showing the participation  for  the  just  completed  year.   Therefore,  he
received  two  separate  pieces  of  information  prior   to   not   meeting
requirements.  The DPP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 16  Apr
04 for review and comment within 30 days.  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 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 find no evidence of an  error  in  this
case, and after thoroughly reviewing the documentation submitted in  support
of his appeal, we do not believe he has been the  victim  of  an  injustice.
We agree with the  Air  Force  that  the  applicant  was  provided  adequate
documentation and he should have reasonably been aware of  his  requirements
for completion of a satisfactory year of  Federal  service.   Therefore,  we
adopt their rationale as the basis for our  conclusion  that  the  applicant
has not been the victim of an  error  or  injustice.   Accordingly,  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-2004-
00713 in Executive Session on 3 Jun 04, under  the  provisions  of  AFI  36-
2603:

      Mr. Gregory H. Petkoff, Panel Chair
      Ms. Renee M. Collier, Member
      Ms. Martha A. Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Feb 04, w/atch.
    Exhibit B.  Letter, ARPC/DPP, dated 13 Apr 04.
    Exhibit C.  Letter, SAF/MRBR, dated 16 Apr 04.




                                   GREGORY H. PETKOFF
                                   Panel Chair

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