RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00974
            INDEX CODE:  135.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 SEPTEMBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Retention/Retirement (R/R) years from 18 October 1972 to  23 March  1976
be counted as good years of service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Documents in his unit personnel record  group  (UPRG)  are  missing.   These
records were never updated to reflect the total time that was served in  the
armed forces.  He was obligated under the Palace Chase Program and  assigned
to the 82 APS Travis AFB, California between October 1972 to March 1976.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 24 March 1970, the applicant entered the delayed enlistment program.

On 20 May 1970, he enlisted in the Regular Air  Force  for  a  period  of  4
years.

On 17 October 1972, he was released from active duty  and  assigned  to  the
Air Force Reserve (82 APS at Travis AFB, California).  He served a total  of
2 years, 4 months, and 25 days of total active duty service.

The applicant’s point history indicates from  18  October  1972  through  17
October 1975 he served three years of satisfactory Federal service.   During
the period 18 October 1975 to 23 March 1976, he earned a total of eight  (8)
points.  There is no indication he served during the period  24  March  1976
to 3 August 1995.  It appears on 4 August 1995 the applicant reenlisted  and
has served satisfactorily to date.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPP recommended partial approval  indicating  they  were  not  able  to
locate the applicant’s record for the time he spent assigned to  Travis  AFB
from 18 October 1972 to 23 March 1976.  However, they were able to find  pay
records showing the dates the applicant participated from  18  October  1972
to 31 December 1975, and credit was given to his record as reflected on  the
computer printout they provided showing a year  by  year  breakdown  of  the
applicant’s service history and points.  His record is now credited with  14
years, 4 months, and 28 days of satisfactory service - an  additional  three
years of service.  They are unable to find pay records from 1  January  1976
to 23 March 1976.

The pay records that  they  found  indicated  the  applicant  was  paid  for
participating at Travis AFB, and the applicant also attached a Wage and  Tax
statement for the year 1976 which shows the member was issued pay  from  the
Air Force Reserve during 1976.   They  suggest  awarding  the  applicant  12
points for the first quarter of 1976, which would be equivalent to 4  points
per month  for  January,  February,  and  March.   If  this  application  is
approved,  award  12  non-paid  inactive  duty   points   to   the   partial
retention/retirement  year  18  October  1975  to  23   March   1976.    The
applicant’s record would then show  a  total  of  20  total  points  and  an
unsatisfactory year of service for the period 18 October 1975  to  23  March
1976.

The evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated his  records  were  lost
and it appears this  happened  sometime  after  his  reenlistment  in  1995.
Trying to restore service time that was omitted from his record has  been  a
trying experience.  He has exhausted  all  other  protocol  and  understands
this is probably his court of last resort.  In  October  1972,  although  he
was discharged early from active duty, he was not relieved of his  remaining
service obligation.  Under the provisions of Palace Chase at that time,  his
remaining service obligation (from November 1972  through  March  1976)  was
required to be completed at Travis AFB, drilling with the 82nd  Aerial  Port
Reserve Squadron.   This participation was not  optional,  but  a  necessary
requirement to fulfill his service obligation.  He had  previously  produced
all USAFR W-2 earnings statements for those years  (1972  through  1976)  to
this effect.   Had  he  not  performed  this  duty  satisfactorily,  adverse
repercussions would have been evident elsewhere  in  his  military  records.
Furthermore, any adverse actions (outstanding for failure to satisfy  Palace
Chase obligations) more than likely  would  have  made  his  reentering  the
reserves in 1995 an impossibility.  Absent credit for this  time  (upon  his
reenlistment in 1995), his retirement  points  calculation  would  not  have
produced the necessary (and desirable) result of being  able  to  attain  20
years of combined military service prior to the age  of  60,  rendering  him
ineligible to  reenlist.   As  he  understood  it  at  the  time  (1995),  a
productive points  calculation  was  a  prerequisite  for  his  reenlistment
eligibility.  Based on this knowledge, in 1995 he chose to reenlist.

The applicant’s response 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 not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or an injustice warranting partial  relief.   We  note
the office of primary responsibility has indicated the  applicant’s  records
have been administratively corrected thereby crediting his  record  from  18
October 1972 to 31 December 1975 with an additional three years  of  credit.
HQ ARPC/DPP  indicates  the  pay  records  that  were  found  indicated  the
applicant was paid for participating at Travis AFB, and the  applicant  also
attached a Wage and Tax statement for the  year  1976  which  shows  he  was
issued pay from the Air Force Reserve during  1976.   It  stands  to  reason
therefore that the  applicant  participated  during  January,  February  and
March 1976 and he should  be  awarded  credit  for  that  period.   ARPC/DPP
recommends awarding the applicant with 12 non-paid inactive duty points  for
the first quarter of 1976, which would be  equivalent  to  four  points  per
month  for  January,  February,  and  March.   The  Board  is  in   complete
agreement.  Therefore,  in  an  effort  to  offset  any  possibility  of  an
injustice, we recommend the applicant’s records be  corrected  as  indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

      The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show he was  credited  with  12  non-
paid inactive duty points for the period 18 October  1975  through  23 March
1976, resulting in 20 total points; and, that  the  period  8  October  1975
through 23 March 1976 is a period of satisfactory Federal service.



The following members of the Board considered AFBCMR Docket Number BC-2005-
00974 in Executive Session on 26 July 2005, under the provisions of AFI 36-
2603:

                 Mr. Michael J. Novel, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Ms. Marcia Jane Bachman, Member

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

   Exhibit A.  DD Form 149, dated 16 March 2005, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPP, dated 26 April 2005, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 29 April 2005.
   Exhibit E.  Letter, Applicant, dated 16 May 2005.



                       MICHAEL J. NOVEL
                       Panel Chair


AFBCMR BC-2005-00974





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   , be corrected to show that he was credited with 12 non-paid
inactive duty points for the period 18 October 1975 through 23 March 1976,
resulting in 20 total points; and, that the period 18 October 1975 through
23 March 1976 is a period of satisfactory Federal service.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency