Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2004-01598
Original file (BC-2004-01598.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01598

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be awarded retirement/retention (R/R) points for the period of  30
November 2001 through 29 November 2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She performed a total of 29 days during her retirement/retention (R/R)
2002 year.  If the days were properly split into IDTs and annual tour,
she would have had 24 points from IDTs and 17 points from annual  tour
and man-days for a total of 41 points.  Adding the 15  member  points,
she would have had 56 points, which qualifies as a satisfactory year.

In October 2001, MG R__ requested Reserve volunteers to work a 30  day
tour in the Command Support Center (CSC) in support of OPERATION NOBLE
EAGLE/OPERATIONAL ENDURING FREEDOM (ONE/OEF).  In this letter, MG  R__
stated either reservist could perform their duty as a  combination  of
Inactive Duty Training (IDT) and annual tour, or  “in  lieu  of”  man-
days.  She chose IDT/annual tour, but as  her  tour  neared,  she  was
forced to use “in lieu of” man-days to ease ILE’s job of tracking  it.
She spent three months arguing with active duty personnel  in  AF/ILEE
and ILEX that if she performed 9 IDTs  and  17  annual  tour/man  days
during her tour, she would have a total of 18 IDT points and 17 annual
tour/man day points.   This  alone  should  have  been  enough  for  a
satisfactory  year.   She  finally  relented  to  their  request   and
performed 26 days at the Pentagon (12 March 2002 - 5 April  2002)  all
in man-day status.  She knew as a result, she  would  need  additional
points to  get  a  satisfactory  R/R  year,  so  she  performed  three
additional IDTs on  18-20  September  2002.   In  her  confusion  over
exactly how her time at  the  CSC  was  accounted  for,  she  thought,
wrongly as it turned out, that  she  accrued  the  correct  number  of
points.  She did not know of her mistake until  she  received  her  AF
Form 526 in February 2003.  At that time, she was  so  disgusted  with
the unfairness of the situation, she sent in her resignation - knowing
she had 18 years behind her.   Fortunately,  the  resignation  process
takes  eight  months,  and  in  October  2003,  she  reconsidered  her
separation and  is  now  reassigned  as  a  USAFA  Admissions  Liaison
Officer.  The entire process was so painful  and  exhausting,  it  has
taken her six months to decide if this is worth pursuing.


In support of her appeal applicant has provided a copy of AF Form 526,
ANG/USAFR Point Credit Summary and emails.


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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s record shows that for retention/retirement (R/R)  year
30 November 2001 through 29 November 2002, she earned a  total  of  26
points active duty training points, 6  inactive  duty  training  (IDT)
points, 0 Extension Course Institute (ECI) points  and  15  membership
points for a total of 47 points, and did not meet the minimum standard
of  50  points  for  a  satisfactory  year  of  federal  service   for
retirement.

On 31 January 2002, AF Form 938, Request and Authorization for  Active
Duty Training/Active Duty Tour, Reserve Order # JA-------, ordered the
member to Annual Tour for 13 days, reporting 12 March 2002  and  being
release on 24 March 2002.

On 27 March 2002, AF Form 938, Request and  Authorization  for  Active
Duty Training/Active Duty Tour, Reserve Order # AR------,  in  support
of ONE, ordered the member to Military Personnel Appropriation for  12
days, reporting 25 March 2002 and being release on 5 April 2002.

On 1 July 2002, a letter from USAF/--- to  11  WG/---,  requested  MPA
contingency tours be credited as Annual  Training  (AT)/Inactive  Duty
Training (IDT) for the period of 25 March 2002 through 5 April 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

11 WG/CCV recommended denial and stated the applicant  had  sufficient
time prior to R/R date to perform additional IDT duty and  receive  50
points  for  a  satisfactory  retirement  year.   The   applicant   is
responsible to adhere to mandatory AT and IDT requirements aside  from
any additional duty performed. Of this requirement, she  was  credited
with 14 days of AT from 11-24 March 2002 and she only completed  6  of
her 24 mandatory IDT requirement.

Although applicant notes she was directed by AF/ILE to utilize  AT/IDT
to support contingencies,  she  was  aware  of  the  change  prior  to
reporting to duty per  her  email  attached  dated  13 February  2002.
Contingency  support  duty  is  funded  through   Military   Personnel
Appropriation funding and use of AT and IDT duty is not authorized  to
support contingencies.

The Memo dated 1 July 2002 from AF/ILR requested applicant be  allowed
to use MPA order for duty performed 25 March through      5  April  as
substitution for AT and IDTs was in support of contingency.  Applicant
should have not filed AT order for pay  for  the  period  12-24  March
2002.

11 WG/CCV complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed that Air Force evaluation and stated  that  she
recently found additional documentation that she feels is important to
her case.  Enclosed is a letter written by MG  R__  in  October  2001,
requesting Reserve support for Operations  NOBLE  EAGLE  and  ENDURING
FREEDOM.   The  significant  information  is  found  in   the   second
paragraph, which states  that  reservists  could  choose  one  of  two
methods for serving in the Contingency Support Center. She  requested,
numerous times in the five months leading up to her tour,  to  perform
her tour using the annual  tour  and  IDT  method.   Her  request  was
continually denied, until she finally succumbed and agreed to complete
the tour as continous mandays.  There was never any  other  follow  up
memorandum from MG R__ clarifying this issue.

Applicant’s complete response, with attachment, 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 an injustice.  After careful  consideration  of  all  the
facts of this case, the Board believes  that  based  on  the  evidence
provided, it appeared to be some confusion how the applicant’s service
would be credited for retention/retirements  points  while  supporting
OPERATION NOBLE EAGLE AND OPERATION  ENDURING  FREEDOM.   However,  we
believe HQ 11WG/CCV's recommendation that she  be  awarded  sufficient
points for a satisfactory year of service presents a solution that  is
very equitable to both the applicant and the Air Force. We  note  that
the applicant typically earned significantly more than the minimum  50
points required for a “good year.” In this instance,  all  she  needed
was three more points for a satisfactory year of service.  In view  of
the foregoing, and in an  effort  to  offset  any  possibility  of  an
injustice, the Board believes that the applicant’s  record  should  be
corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that she was awarded 3 non-
paid inactive duty  training  (IDT)  points  for  Retention/Retirement
(R/R) year 30 November 2001 to  29  November  2002,  resulting  in  50
total, and that the period 30 November 2001 through 29  November  2002
is a year of satisfactory Federal Service for retirement.

_________________________________________________________________

The following members of the Board considered this application BC-2004-
01598 in Executive Session on 14 September 2004, under the  provisions
of AFI 36-2603:


                 Ms. Olga M. Crerar, Panel Chair

                 Mr. James W. Russell, III, Member

             Mr. John B. Hennessey, Member


The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 12 May 04, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, 11WG/CCV, dated 24 Jun 04, w/atch.
      Exhibit D. Letter, SAF/MRBR, dated 1 Jul 04.





                                   OLGA M. CRERAR
                                   Panel Chair

AFBCMR BC-2004-01598




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, XXXXXXX, be corrected to show that she was
awarded 3 non-paid inactive duty training (IDT) points for
Retention/Retirement (R/R) year 30 November 2001 to 29 November 2002,
resulting in 50 total, and that the period 30 November 2001 through 29
November 2002 is a year of satisfactory Federal Service for
retirement.





      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-00954

    Original file (BC-2006-00954.doc) Auto-classification: Approved

    For RYE 22 December 2002, the applicant is credited with 313 active duty (AD) points, 16 IDT points, 0 Extension Course Institute (ECI) points, 15 membership points, 344 total points and a satisfactory year of Federal service. For RYE 22 December 2003, the applicant is credited with 12 AD points, 8 IDT points, 0 ECI points, 15 membership points, 35 total points and an unsatisfactory year of Federal service. For RYE 22 December 2003, the member is now credited with 12 AD points, 20 IDT...

  • AF | BCMR | CY2001 | 0102140

    Original file (0102140.doc) Auto-classification: Approved

    It was not until the day the FY02 board convened that the senior rater was contacted directly by ARPC and notified that a memorandum had been required designating her as the “primary” to AF/XO position 39574. The Air Force evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: The applicant states that her ineligibility for a PV promotion was due to the 11th Wing not revising the Unit Manning Document (UMD)...

  • AF | BCMR | CY2002 | 0201788

    Original file (0201788.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01788 INDEX CODE: 135.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her retirement year ending (RYE) 27 July 2001, be changed from an unsatisfactory year to a satisfactory year. She reported for active duty on 4 July 2001, served her annual tour, stayed to fulfill the year’s IDT’s, and returned to...

  • AF | BCMR | CY2002 | 0102174

    Original file (0102174.doc) Auto-classification: Approved

    On 19 September 2001, based on an application submitted by the applicant under AFI 36-2603, his record was administratively corrected to show that, on 1 August 2000, he was not discharged but was released from active duty and transferred to the Air Force Reserve. It would appear that as a result of the action taken to administratively correct the applicant’s records to show he was released from active duty and transferred to the Air Force Reserve, rather than discharged, his status as a...

  • AF | BCMR | CY1999 | BC-2004-00368

    Original file (BC-2004-00368.doc) Auto-classification: Approved

    However, in accordance with Title 37, United States Code, Section 206[e], while a member may be allowed by their commander to perform duty to make up missed Unit Training Assemblies (UTA’s) for retirement points, the duty must be performed within their R/R, or anniversary, year. They state the member made up the time outside the parameters of the affected R/R year making the one point she earned attributable to her next R/R year of 30 January 2003 through 29 January 2004 instead of the...

  • AF | BCMR | CY2003 | BC-2002-03370

    Original file (BC-2002-03370.doc) Auto-classification: Denied

    Points for participation can only be credited for the dates the inactive duty was performed. Correction to the advisory is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the evaluation and indicated that although the Reserve Order DA-01859 does assign him to the 514th AMW as an Individual Mobilization Augmentee (IMA) he was in fact hired as a full-time Air Reserve Technician (ART). ...

  • AF | BCMR | CY2001 | 0000980

    Original file (0000980.doc) Auto-classification: Approved

    _________________________________________________________________ STATEMENT OF FACTS: The applicant, a member of the Air Force Reserve, was processed through the Disability Evaluation System (DES) when her disability case was referred to the Informal Physical Evaluation Board (IPEB) in December 1999, for a diagnosis of dysthymic disorder. Counsel provided a statement supporting the applicant’s requests to change the IG findings; credit satisfactory service to 20 plus years; change the AF...

  • AF | BCMR | CY2003 | 0202881

    Original file (0202881.doc) Auto-classification: Denied

    She did not perform any IDT points during the R/R year 24 January 2001 through 23 January 2002. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with...

  • AF | BCMR | CY2008 | BC-2008-00282

    Original file (BC-2008-00282.doc) Auto-classification: Approved

    SGP finds that during the period following release from active duty orders in October 2006 until completion of DES processing in January 2008, he would have been a candidate for the participation waiver and therefore not eligible for medical continuation orders. It is upon this recommendation that his military record be corrected to reflect service points for the time he was denied participation, 3 October 2006 through 27 February 2008. The complete A1B evaluation, with attachments, is at...

  • AF | BCMR | CY2002 | BC-2002-01622

    Original file (BC-2002-01622.doc) Auto-classification: Approved

    All LEAD officers display the current PAS of assignment (which is active duty), the file from which the data is obtained (“BA” meaning active duty officer), an identifier showing “AGR” (also indicating full-time active duty), and 239 active duty training points in the current retirement/retention (R/R) year (“PT SINCE: 13 Feb 01” at the bottom of the OSB). In addition, after reviewing the applicant’s OPRs, we noted that the assignment history section of the contested OSB contains...