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AF | BCMR | CY2005 | BC-2005-00361
Original file (BC-2005-00361.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00361
            INDEX CODE:  135.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  5 AUG 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

It appears applicant  is  requesting  he  be  credited  with  three
additional active duty points for the period 26  Jul  -  28 Jul 00,
and  one  additional  point  of  inactive  duty  for  3 Dec 00  for
Retirement Year Ending (RYE) 17 Jan 01.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He reported for duty and performed a weekend duty trip that was not
reflected on his point summary.  On 3 Dec 00, he  reported  to  the
dental clinic to receive an exam which cleared  him  to  return  to
duty (Physical Profile Status P-1), however, he  was  not  credited
with any points.

In support of his appeal, applicant submitted a personal statement;
a copy of a Travel Payment Summary, dated 18 Oct 04; Standard  Form
603A, Health Record,  (reflecting  an  entry  on  3  Dec  00);  and
AF Form 422, dated 3 Dec 00.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force  Reserve  on  31  Jul  84.   He
currently has a duty title of Propulsion Branch Technician.  He was
promoted to the grade of technical sergeant with an effective  date
and date of rank of 1 Apr 98.

Applicant’s ANG/USAFR Point Credit Summary reflects that during RYE
17 Jan 01, he was credited with 48 total and retirement points  and
an unsatisfactory year for retirement.

He has been credited with 18  years,  5  months,  and  17  days  of
satisfactory federal service towards retirement.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPM  reviewed  this  application  and  recommended  denial.
Based on their analysis of the case,  the  documentation  that  was
provided was not sufficient enough to show that he  performed  duty
during the time he  is  requesting  a  correction  of  his  record.
Applicant was informed that he would need to provide a copy of  the
certified order for the 26 - 28 Jul 00 timeframe.  AF Form 422 does
not validate that the applicant performed duty; an AF Form  40A  is
required to validate his participation  on  3  Dec  00.   Applicant
received no military pay for the periods that he is  requesting  be
corrected.

EXAMINER’S  NOTE:   In  accordance  with  AFMAN  36-8001,   Reserve
Personnel Participation and Training Procedures, a  reserve  member
is required to earn a minimum of 50  points  (including  membership
points) in their full Retention/Retirement (R/R) year for award  of
a year of satisfactory federal service for retirement.

A complete copy of the evaluation, with attachments, is at  Exhibit
C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 8 Apr 05 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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 took notice of
the applicant's complete submission in judging the  merits  of  the
case.  Based on the evidence of record and that verified by HQ  Air
Force Reserve Command (HQ  AFRC),  it  appears  the  applicant  has
received  credit  for  all  participation  performed   during   the
Retirement Year Ending  (RYE)  17  Jan  01.   Other  than  his  own
assertions,  the  applicant   has   not   provided   the   required
documentation validating his participation during  the  periods  in
question; i.e., a copy of the certified order for  the  period  26-
28 Jul 00, and an AF Form 40A validating his  duty  on  3  Dec  00.
Therefore, we agree with the opinion and recommendation of the  Air
Force Reserve and adopt  their  rationale  as  the  basis  for  our
conclusion that the applicant has not been the victim of  an  error
or injustice.  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-2005-00361 in Executive  Session  on  18  May  2005,  under  the
provisions of AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Ms. Rita S. Looney, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Jan 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFRC/DPM, dated 25 Mar 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Apr 05.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair

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