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AF | BCMR | CY2005 | BC-2004-03805
Original file (BC-2004-03805.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03805
            INDEX CODE:  135.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  2004  Retention/Retirement  (R/R)  year  be  counted  as  a   year   of
satisfactory service.

________________________________________________________________

APPLICANT CONTENDS THAT:

When he entered the active Reserves in January 2003, he  was  told  his  R/R
year was 1 January.  He planned all of his participation around  this  date.
After March 2003, his R/R year was changed to  16  September.   He  was  not
notified of this change.  Last year he completed his fiscal retirement  year
obligations by performing 8 points of service at the end of September  which
were not credited due to this change.

In support of his application, he submits a copy  of  his  personnel  record
print out and a copy of his current participation summary.  His  submission,
with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates that the applicant, a Reserve officer, was voluntarily ordered  to
extended active duty from 10 May 1997 to 26 May 2001.  From 27 May  2001  to
2 February  2003,  applicant  was  in  a  non-participating  status.   On  3
February 2003, he became a member of the Individual  Mobilization  Augmentee
(IMA) program in the  grade  of  captain.   As  of  17  February  2004,  the
Military Personnel Data System reflects that as of the R/R year 9 May  2004,
he was credited with 5 years of satisfactory Federal service.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends the application  be  denied.   DPP  states  that  on  16
January 2003, Reserve Order DA-00969  shows  an  erroneous  R/R  date  of  1
January.  In February 2003, when the  applicant  was  gained  to  the  Point
Credit and Accounting System his R/R date was incorrectly established as  16
September.  Over the next two years the  applicant  received  his  ANG/USAFR
Point Credit Summaries, showing his R/R date  incorrectly  as  16  September
and showing the points he earned aligned with the  16  September  R/R  date.
DPP states that after a thorough audit of the applicant’s  record,  his  R/R
date was correctly established as 10 May.  For the applicant’s R/R  year  10
May 2002 to 9 May 2003, he earned 12  inactive  duty  training  points  from
when he was assigned to his IMA position in February 2003 to the end of  his
R/R date of 9 May 2003.  Prior to his IMA position he was still assigned  to
the inactive reserve.   Therefore,  he  was  credited  with  0  active  duty
points, 12 inactive duty  training  points,  0  extension  Course  Institute
points,  15  membership  points,  27  total   retirement   points   and   an
unsatisfactory year of service.  DPP states that after the  applicant’s  R/R
date was correctly established as 10 May and his points  were  realigned  he
was credited with two unsatisfactory R/R years.   These  unsatisfactory  R/R
years did not result from the points being realigned but were  a  result  of
the applicant’s assignment to the inactive reserve from 27  May  2001  to  3
February 2003.  DPP states that if the application is approved, 23  non-paid
inactive duty points to R/R year 10  May  2002  to  9  May  2003  should  be
awarded.

The ARPC/DPP evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 January 2005, a copy of the Air Force evaluation was forwarded  to  the
applicant for review  and  comment.   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 error or injustice.  We have noted that the  Air  Force  office
of primary responsibility indicated that when the applicant was gained  into
the Point Credit and Accounting System his Retention/Retirement  (R/R)  date
was  incorrectly  established  and  only  after  a  thorough  audit  of  the
applicant’s record, his R/R date was correctly established.   Due  to  these
errors and the applicant’s apparent confusion on his correct  R/R  date,  we
believe that relief is warranted in this  matter.   We  note  the  applicant
requests that his 2004 R/R  year  be  counted  as  a  year  of  satisfactory
service; however, records show that this R/R year has  been  credited  as  a
year of satisfactory service.  Therefore, the appropriate course  of  action
is to award the applicant sufficient nonpaid points for the R/R year 10  May
2002 to 9 May 2003 enabling the applicant to receive credit for  a  year  of
satisfactory service.  By such action, we believe that  the  applicant  will
be afforded proper and fitting relief.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force  relating
to APPLICANT be corrected to show that he was credited with  an  additional
23 nonpaid inactive duty points for the retention/retirement  year  10  May
2002 to 9 May 2003, resulting in 50 total points and a satisfactory year of
Federal service.

_________________________________________________________________

The following members of  the  Board  considered  this  application  AFBCMR
Docket Number 04-03805 in Executive Session on  1  March  2005,  under  the
provisions of AFI 36-2603:

                 Mr. Charles E. Bennett, Panel Chair
                 Ms. Carolyn B. Willis, Member
                 Ms. Jan Mulligan, Member

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

    Exhibit A.  DD Form 149, dated 7 Dec 04, w/atchs
      Exhibit B.  Letter, ARPC/DPP, dated 3 Jan 05, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 7 Jan 05.




                                   CHARLES E. BENNETT
                                   Panel Chair


AFBCMR BC-2004-03805





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 xxxxxxxxxxxxxx, be corrected to show that he was credited
with an additional 23 nonpaid inactive duty points for the
retention/retirement year 10 May 2002 through 9 May 2003, resulting in 50
total retirement points and a satisfactory year of Federal service.










                                       JOE G. LINEBERGER

Director

Air Force Review Boards Agency



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