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AF | BCMR | CY2005 | BC-2005-02919
Original file (BC-2005-02919.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02919
            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).   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
technical sergeant, having been promoted to that grade on  1  Sep  01.
His Total Active Federal Military Service Date (TAFMSD) is 8 Jan 86.

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 O5,  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  other
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-
2005-02919 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 25 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-2005-02919






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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