RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01574
                                       INDEX CODE:  108.00
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

      XXXXXXXXXX                        HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  14 November 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  unsatisfactory  service  be  corrected  to  satisfactory  service   for
retention/retirement (R/R) years 12 May 1997 through 11  May  1998,  12  May
1998 through 11 May 1999, and 12 May 2000 through 11 May 2001.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to an error made by  personnel  at  the  Air  Reserve  Personnel  Center
(ARPC), he was denied an appointment and the ability to participate for  the
R/R years 1997-1998 and 1998-1999.  On  23 September  1999,  he  obtained  a
waiver and a direct appointment into the Ready Reserve.   Through  no  fault
of his own he was not given the opportunity  to  perform  duty  and  request
satisfactory service for R/R years 1997-1998 and 1998-1999; therefore,  ARPC
only credited him 15 points for Reserve membership for each R/R year.

On 12 April 2005, his R/R anniversary date was amended from 23 September  to
12 May, which resulted in an unsatisfactory year of  participation  for  R/R
year 2000-2001.  Had his R/R date been left as 23 September, he  would  have
had a satisfactory year of participation.

In support of his application, the  applicant  provides  copies  of  his  of
Reserve orders; ARPC letter, dated 5 January 2004;  and  his  DD  Form  214,
Certificate of Release or Discharge  from  Active  Duty.    The  applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 26 August 1982, the applicant enlisted in the  Reserve  Officer  Training
Corp and was subsequently commissioned in the Air Force Reserve  (AFRES)  on
12 May 1984.  On 25 October 1984, the applicant began  a  tour  of  extended
active duty.  On 13 July 1988, while serving on active duty,  the  applicant
was commissioned in the Regular Air Force.  On 8 November 1996, he  resigned
from the Air Force and received separation pay.  On 23 September  1999,  the
applicant was appointed in the Reserve of the  Air  Force  establishing  his
R/R date as 23 September.

An ARPC letter, dated 8 January 2004, notified the  applicant  that  he  was
identified as a separation pay  recipient  whose  record  was  not  properly
processed in the AFRES as required by Title 10  United  States  Code  (USC),
Section 1174(e), Ready Reserve Service  Agreement.  His  records  were  then
corrected to reflect he was appointed in the AFRES on 9 November  1996  with
an  assignment  in  the  Non-Obligated,  Non-Participating   Ready   Reserve
Personnel Section (NNRPS).  On 12 April 2005, the applicant’s R/R  date  was
reestablished in the Point Credit Accounting and  Reporting  System  (PCARS)
as 12 May to reflect the changes made to his record.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP  recommends  approval  of  the   applicant’s   request   that   his
unsatisfactory service for his R/R year 12  May  2000  through  11 May  2001
becorrected to satisfactory service.  However, DPP recommends denial of  his
request to be given satisfactory service for R/R years 12 May  1997  through
11 May 1998 and 12 May 1998 through 11 May 1999.

DPP states when the applicant rejoined the AFRES on 23  September  1999,  he
participated in good faith using the R/R date established at that time.   On
12 April 2005 his R/R date was reestablished in  the  PCARS  as  12  May  to
reflect changes made to his record, resulting in an unsatisfactory  year  of
service for R/R year 12 May 2000 through 11 May 2001.  In order  to  correct
his record, DPP recommends the applicant be awarded four  non-paid  inactive
duty training points to his R/R year 12 May 2000 through 11 May 2001.

DPP states the  applicant  was  not  properly  processed  in  the  AFRES  as
required by Title  10  USC,  Section  1174(e).   By  law,  a  condition  for
receiving separation pay was that he incurred a three-year  Reserve  service
commitment.  His record was corrected to show he was appointed in the  AFRES
on 9 November 1996 with an assignment into  the  NNRPS.   According  to  Air
Force  Manuel  36-8001,  members  assigned  to  NNPRS  are  not  allowed  to
participate for points.  Therefore, the  applicant  was  awarded  membership
points only for his R/R years 12 May 1997 through 11 May  1998  and  12  May
1998 through 11 May 1999.  It is DPP’s opinion the applicant did not  submit
proof showing  he  was  actively  applying  for  positions  in  any  service
component after his discharge from the Air Force in November 1996 until  his
appointment in the AFRES in September 1999.

The DPP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to DPP’s statement that he had not actively  applied  for  AFRES
positions following his discharge from extended active,  he  submits  copies
of  e-mail  correspondence  with  Air  Force  units,  the  Eglin  AFB   Base
Individual  Mobilization  Augmentee  Administrator,  and  the  unit  he   is
currently assigned to as a Reservist from January 1998  to  September  1999.
He can also affirm that he  made  good  faith  efforts  to  find  a  Reserve
position at Kirtland AFB, NM, and Eglin AFB, Fl,  beginning  the  summer  of
1996 until 1999 when he was again appointed into the  AFRES.   He  contacted
the Albuquerque and Eglin AFRES recruiters often; however, he no longer  has
records of the correspondence prior to 1998.   A  copy  of  the  applicant’s
rebuttal, with attachments, 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 probable injustice with  respect  to  the  applicant’s  request
pertaining to his R/R year for the period 12 May 2000 through 11  May  2001.
We note the advisory opinion that the applicant participated in  good  faith
using the R/R date established prior to the changes made to  his  record  in
January 2004.  The Air Force office  of  primary  responsibility  recommends
his request for credit for a satisfactory year of Federal  service  for  the
Reserve year ending 11 May 2001 be approved.  We concur with the  office  of
primary responsibility and agree  the  applicant  should  not  be  penalized
because of the change to his records.   Therefore,  his  records  should  be
corrected to award him four non-paid inactive duty training points  for  his
R/R  year  12  May  2000  through  11 May  2001,  thereby  resulting  in   a
satisfactory year of Federal service.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice with  respect  to  the  applicant’s
request concerning credit for satisfactory years of Federal service for  his
Reserve Years Ending (RYEs) 11 May 1998 and  11  May  1999.   The  applicant
incurred a three-year Reserve service commitment  when  he  was  voluntarily
released from active duty and received separation pay.  While  we  note  the
Air Force’s error when they did not transfer him to  the  Obligated  Reserve
Section (ORS), this does not necessarily mandate  approval  of  the  service
credit the applicant seeks.  The applicant’s  active  participation  in  the
Reserve was dependent upon his securing  an  assignment  for  which  he  was
qualified.  The applicant claims he actively looked for a  Reserve  position
in order to participate; however, just  looking  for  a  position  does  not
entitle a member to pay and points other than the 15 membership  points  per
year for being assigned to the Ready Reserve.   Even  though  his  paperwork
did not properly process him into the ORS, at the time of his  release  from
active duty, it did not  prevent  him  from  being  assigned  to  a  Reserve
position to participate for pay and points.  Therefore, we  agree  with  the
opinion  and  recommendation  of   the   Air   Force   office   of   primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an  error  or  injustice  with
respect to his request for credit for satisfactory years of service for  the
periods ending 11 May 1998 and 11 May 1999.  Accordingly,  that  portion  of
the application is not favorably considered.

________________________________________________________________

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 awarded  an  additional  four
(4) non-paid inactive duty training points for retention/retirement year  12
May 2000 through 11 May 2001, resulting in 50 total points;  and,  that  the
period 12 May 2000 through 11 May 2001 is a  year  of  satisfactory  Federal
service..

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 1 November 2005, under the provisions of AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Mr. James W. Russell III, Member
      Ms. Olga M. Crerar, Member

All members voted to correct the records, as recommended.  The following
documentary evidence for Docket Number BC-2005-01574 was considered:

      Exhibit A.  DD Form 149, dated 2 May 05, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, ARPC/DPP, dated 25 May 05.
      Exhibit D.  Letter, SAF/MRBR, dated 27 May 05.
      Exhibit E.  Applicant’s Rebuttal, dated 9 Jun 05, w/atchs.




                                  MARILYN M. THOMAS
                                                   Vice Chair


AFBCMR BC-2005-01574




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  XXXXXXXXXXXXXXXXXXXXXX,  be  corrected  to  show  that  he  was
awarded an additional four (4) non-paid inactive duty  training  points  for
retention/retirement year 12 May 2000 through 11 May 2001, resulting  in  50
total points; and, that the period 12 May 2000 through  11  May  2001  is  a
year of satisfactory Federal service.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency