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AF | BCMR | CY2006 | BC-2005-01432
Original file (BC-2005-01432.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01432
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to show  satisfactory  years  of  service  for
retention/retirement (R/R) year’s 17 April 1982 to 16 April  1983,  17
April 1984 to 16 April 1985, 17 April 1986 to 16 April  1987,  and  17
April 1987 to 16 April 1988

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been in the military for 24 years and has yet to receive his 20-
year letter.  He has been working with the National Personnel  Records
Center (NPRC) in St Louis, MO and has found  sufficient  documentation
to prove he was in the Air Force from  17 April  1982  until  4  March
1988.  He is currently in the Army National  Guard  (ARNG)  and  notes
they have not been able to help him establish his service as they  are
a different branch of service and are therefore  limited  as  to  what
they can do to help.  He contends he never missed a drill  period  nor
was he ever even late for one.  He contends the military units he  was
affiliated with should have kept records for all his time  spent  with
their organizations.

In  support  of  his  appeal,  the  applicant  has  provided  personal
statements, pertinent memorandums between himself and  the  Air  Force
and Air Force Reserve, copies of point credit summaries,  and  several
additional copies of forms, memorandums, diploma’s, certificates,  and
other documentation in support of his request.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the North Dakota  ANG  (NDANG)  on  17 April
1982.  During his R/R year of 17 April to 16 April 1983, he  earned  4
active duty (AD)  points,  12  inactive  duty  (IDT)  points,  and  15
membership points totaling 31 points and  an  unsatisfactory  year  of
service.  He was honorably discharged  from  the  NDANG  effective  10
March 1983.  On 11 March  1983,  he  enlisted  in  the  Minnesota  ANG
(MNANG).  On 29 February 1984, he transferred to the Air Force Reserve
at Charleston AFB, SC.  During his R/R year of 17  April  1983  to  16
April 1984, he earned 74 AD points, 29 IDT points  and  15  membership
points totaling 118 points and a satisfactory year or service.   On  5
October 1984, he was relieved  from  assignment  with  the  Air  Force
Reserve and was assigned to the Non-obligated Non-participating  Ready
Personnel Section (NNRPS) where members are not allowed to participate
in point gaining activities.  On 11 November  1984,  he  was  relieved
from the NNRPS and assigned to the AFRES at Carswell AFB, TX.   During
his R/R year 17 April 1984 to 16 April 1985, he earned 4 AD points, 15
IDT points, and  15  membership  points  totaling  34  points  and  an
unsatisfactory year of service.  On 4 March 1986, he  reenlisted  with
the AFRES and during his R/R year of 17 April 1985 to 16  April  1986,
he earned 17  AD  points,  36  IDT  points,  24  ECI  points,  and  15
membership points totaling  92  points  and  a  satisfactory  year  of
service.  During his R/R year of 17 April 1986 to 16  April  1987,  he
earned 4 AD points, 10 IDT points, and 15 membership  points  totaling
29 points and an unsatisfactory year of service.  On 4 March 1988,  he
was transferred to the Ready  Reserve  Personnel  Section  (RRPS)  and
discharged from the AFRES.  For his partial R/R year of 17 April  1987
to 4 March 1988, he  earned  1  AD  point  and  13  membership  points
totaling 14 points and an unsatisfactory year of service.  He earned a
total of two years of satisfactory service between 17 April  1982  and
4 March 1988.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP recommends denial.  DPP contends  the  applicant  provided
documents showing he attended drills and camps with the 934th TAG, but
does not substantiate the night drops and MUTA’s he attended from 1982
through 1988. DPP states if he participated in a paid activity his pay
record would reflect he was paid on the date the duty  was  performed.
DPP accessed his pay records for each of the contested years and found
no additional pay dates for the applicant.  If he had participated  in
a non-paid activity, the unit of attachment would usually  certify  he
performed the duty and would update the points into his  record.   DPP
contends the applicant’s  record  does  not  show  any  unpaid  points
recorded in his record.

DPP’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8
July 2005 for review and comment within 30 days.   As  of  this  date,
this office has received no response.

_________________________________________________________________

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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that his uncorroborated assertion of performing duty not accounted for
in the official record, in and by itself, sufficiently  persuasive  to
override the rationale provided by the Air Force.  Therefore, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt the rationale expressed as the basis for  our
decision that the applicant has failed to sustain his burden of having
suffered either an error  or  injustice.   While  he  participated  in
several different units at different times, he has  not  produced  the
evidence required to show he earned any more than the two satisfactory
years  reflected  in  his  record.   Therefore,  in  the  absence   of
persuasive evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.

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 DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-01432 in  Executive  Session  on  16  February  2006,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Maglio, Panel Chair
      Ms. Donna Jonkoff, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Apr 05, w/atchs.
    Exhibit B.  Letter, HQ ARPC/DPP, dated 1 Jul 05.
    Exhibit C.  Letter, SAF/MRBR, dated 8 Jul 05.




                                   MICHAEL J. MAGLIO
                                   Panel Chair

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