RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02234
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Points that were earned for purposes of retirement in the first  three
retention/retirement (R/R) years after he began service in the  Active
Reserves be allocated to 30 September, the R/R year in  which  he  was
led to believe they would be credited.  If  this  cannot  be  done  by
changing his R/R date,  he  requests  points  earned  from  27  August
through 29 September 2003, 2004, and 2005 be allocated  to  the  prior
R/R year (27 August).

_________________________________________________________________

APPLICANT CONTENDS THAT:

At or near the time he began accruing points, he was  advised  by  the
Air Reserve Personnel Center (ARPC) that his R/R date was 1 October  –
the  date  he  entered  Reserve  service.   He  planned  his   service
accordingly  and  earned  enough  points  for  two  years  of  service
creditable to retirement.  The November 2004 change to  his  R/R  date
redistributed his points earned in the prior two years so that he lost
his good years of service.  He contends he needs six years to retire.

In support of his appeal, the applicant has provided  a  copy  of  his
point credit summary.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted into the Officer Training  Corps  on  27 August
1984 and on 30 August 1984, he was commissioned  into  the  Air  Force
Reserve (AFR).  He completed a tour of active  duty  on  30  September
2000 and was assigned to  the  Non-obligated  Non-participating  Ready
Personnel Section (NNRPS).  On 22 October 2002, he was  relieved  from
NNRPS and assigned to the 9005th Air Reserve Squadron  (ARS).   On  10
February 2005, he transferred to the 9025th ARS.   The  Reserve  order
showing the applicant’s assignment to the 9005th ARS also  showed  the
applicant’s R/R date as  30  September.   On  22  November  2004,  his
service history was audited and his correct R/R date  was  established
as 27 August, the date  he  initially  entered  uniform  service.   By
changing his R/R date back to 27 August from 30 September, he lost two
satisfactory years of service for the periods 27 August  2002  through
26 August 2003 and 27 August 2003 through  26  August  2004.   He  has
earned sufficient points for the R/R year ending 26 August 2005 to  be
considered a satisfactory year of Federal service.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP  recommends  denial.   DPP  contends  the  member   did   not
participate in his required annual training commitment  while  he  was
with the 9005th ARS.  Had he done so, DPP contends he would  not  have
two unsatisfactory years of service.

DPP’s complete evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He contends that ARPC, by making the R/R date error, failed to correct
it for two years, failed to notify him of the action taken to  correct
it, and then retroactively allocated his points in a manner that  took
away two previously satisfactory years of service  and  a  third  year
that will have been earned on the original R/R date  of  30  September
2005.  After 16 years of service as a commander and a judge  advocate,
he was surprised with the ARPC decision that  contradicted  their  own
guidance.  He was also surprised that ARPC failed to acknowledge  that
the injustice resulted from ARPC’s own error, which was compounded  by
its lack of diligence in auditing  his  records  and  its  failure  to
provide him with notice of the change to his R/R date.

_________________________________________________________________

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.  After compiling what he believed was
two satisfactory years of Reserve service, his Point Credit Accounting
System (PCARS) summary was audited and his R/R date was found to be in
error.  Consequently, the  two  satisfactory  years  of  service  were
negated after ARPC applied the actual R/R date.  Through no  fault  of
his own and despite ARPC’s contention  he  performed  only  a  minimum
amount of the duty available to him, we find he did, in fact  schedule
and  perform  the  duty  necessary   to   complete   the   two   years
satisfactorily  based  on  the  erroneous  R/R  date.   Therefore,  we
recommend that the records be corrected as indicated below.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing 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:

            a. He was credited with an additional  ten  (10)  non-paid
inactive duty points for  retirement/retention  year  27  August  2002
through 26 August 2003, resulting in 50 total points;  and,  that  the
period 27 August 2002 through 26 August 2003 is a year of satisfactory
Federal service.

            b. He was credited with an additional eight  (8)  non-paid
inactive duty points for  retirement/retention  year  27  August  2003
through 26 August 2004, resulting in 50 total points;  and,  that  the
period 27 August 2003 through 26 August 2004 is a year of satisfactory
Federal service.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 October 2005, under the provisions of AFI  36-
2603:

      Mr. John B. Hennessey, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. LeLoy W. Cottrell, Member

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

    Exhibit A.  DD Form 149, dated 11 Jul 05, w/atch.
    Exhibit B.  Letter, ARPC/DPP, dated 15 Aug 05, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 19 Aug 05.
    Exhibit D.  Letter, Applicant, undated, w/atchs.




                                   JOHN B. HENNESSEY
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


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Office Of The Assistant Secretary



AFBCMR BC-2005-02234




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 APPLICANT, be corrected to show that:

            a. He was credited with an additional  ten  (10)  non-paid
inactive duty points for  retirement/retention  year  27  August  2002
through 26 August 2003, resulting in 50 total points;  and,  that  the
period 27 August 2002 through 26 August 2003 is a year of satisfactory
Federal service.

            b. He was credited with an additional eight  (8)  non-paid
inactive duty points for  retirement/retention  year  27  August  2003
through 26 August 2004, resulting in 50 total points;  and,  that  the
period 27 August 2003 through 26 August 2004 is a year of satisfactory
Federal service.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency