RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02918
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 Mar 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of short tour credit based
on the temporary duty (TDY) he performed in support of OPERATION IRAQI
FREEDOM.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was deployed with 415 other airmen, of which 385 received short
tour credit. He and thirty others did not received short tour credit
because they were bumped off their rotator (scheduled flight) for
three days. Since he was a part of the same deployment, he believes
it was unjust to not award him short tour credit.
In support of his appeal, the applicant provided documentation
pertaining to his deployment.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) indicates
the applicant is currently serving on active duty in the grade of
airman first class, having been promoted to that grade on 23 Jan 04.
His Total Active Federal Military Service Date (TAFMSD) is 9 Dec 03.
The relevant facts pertaining to this application are contained in the
letter prepared by the appropriate office of the Air Force.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommended denial noting the applicant was on orders in
support of OPERATION IRAQI FREEDOM. He departed for Atlanta, Georgia
on 3 Jan 05 for 21 days of pre-deployment training. On 31 Jan 05, the
applicant arrived in Kuwait. AFPC/DPAPP further noted the applicant’s
statement he was on deployment with 415 airmen, and 30 of those airmen
got bumped off their rotator and had to stay in Atlanta, Georgia for
three additional days. The applicant was one of those airmen that had
to stay behind. His deployment ended on 28 Jul O5, which brought his
TDY accumulation to 178 days.
AFPC/DPAPP indicated that based on the eligibility criteria, a member
must be TDY a minimum of 181 consecutive days in a hostile fire or
imminent danger pay area, and that he does not meet these requirements
for award of short tour credit.
A complete copy of the AFPC/DPAPP evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 7 Oct
05 for review and response. As of this date, no response has been
received by this office (Exhibit C).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. The applicant's complete
submission was thoroughly reviewed and his contentions were duly
noted. However, the majority of the Board does not find the
applicant’s assertions or his supporting documentation sufficiently
persuasive to override the rationale provided by the Air Force office
of primary responsibility (OPR). Therefore, in the absence of
sufficient evidence the applicant met the established criteria for
award of short tour credit, or was treated differently from others
similarly situated, the majority agrees with the recommendation of the
OPR and adopts the rationale presented as the basis for its decision
that the applicant has failed to sustain his burden of establishing he
has suffered either an error or an injustice. Accordingly, the
majority finds no compelling basis to recommend granting the relief
sought in this application.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2005-02918 in Executive Session on 15 Nov 05, under the provisions of
AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Jean A. Reynolds, Member
By a majority vote, the Board voted to deny the application.
Mr. Peterson voted to grant the appeal but did not desire to submit a
minority report. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Aug 05, w/atchs.
Exhibit B. Letter, AFPC/DPAPP, dated 27 Sep 05.
Exhibit C. Letter, SAF/MRBR, dated 7 Oct 05.
RICHARD A. PETERSON
Panel Chair
AFBCMR BC-2005-02918
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied. I concur with that finding and their
conclusion that relief is not warranted. Accordingly, I accept their
recommendation that the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards
Agency
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