RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02731
INDEX CODE: 108.00
XXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXX HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 4 March 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded a year of satisfactory Federal service for
retention/retirement (R/R) year 1 December 1985 through 30 November 1986
and full years of service for R/R years 17 May 1983 through 7 May 1984 and
7 May 1985 through 30 November 1985.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Administrative changes in his R/R year anniversary date resulted in his
loss of a complete satisfactory service year and only partial credit for
two other years.
In support of his application, the applicant provides a personal statement
and copies of his Oath of Office, Reserve orders; Air Reserve Personnel
Center notification letters of change in his R/R dates, and his ANG/USAFR
point credit summaries. The applicant’s complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 7 September 1977, the applicant enlisted in the Reserve Officer Training
Corp and was subsequently commissioned in the Air Force Reserve (AFRES) on
17 May 1980. On 10 October 1980, the applicant began a tour of extended
active duty. On 8 May 1984, while serving on active duty, the applicant
was commissioned in the Regular Air Force. On 30 November 1985, he was
discharged from the Regular Air Force and appointed in the Reserve of the
Air Force on 1 December 1985 with assignment to the Obligated Reserve
Section (ORS).
According to Reserve Order DA-1283, dated 21 May 1986, the applicant was
relieved from the ORS and assigned to a Reserve assignment at Westover Air
Force Base. The order reflected his R/R date as 1 December. The
applicant’s service history was initially audited on 19 November 1986 and
his R/R date was erroneously established as 17 May, the date he was
commissioned from the Reserve Officer Training Corps program. On 19
December 1986, a letter was sent to the applicant informing him his R/R
date was changed to 17 May.
During the R/R year 17 May 1986 to 16 May 1987, the applicant earned 8
active duty (AD) points, 44 inactive duty training (IDT) points, 0
correspondence course points, 15 membership points, 67 total retirement
points, and a satisfactory year of service. On 20 April 1996, another
audit was performed on the applicant’s service history and as a result of
this audit his R/R date was changed to 1 December, the date he returned to
a Reserve component. His service history and points were aligned to
coincide with the 1 December R/R date which resulted in the applicant’s R/R
year 1 December 1985 to 30 November 1986 being changed to show 0 AD points,
24 IDT points, 0 correspondence points, 15 membership points, 39 total
retirement points, and an unsatisfactory year of service.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends the applicant’s request be partially approved. DPP
states the realignment of the applicant’s service history and points
because of a change of his R/R date resulted in his unsatisfactory year of
service from 1 December 1985 to 30 November 1986. If the Board approves
this portion of the applicant’s request, the applicant should be awarded 11
non-paid IDT points for the R/R year 1 December 1985 to 30 November 1986.
His record would then reflect 0 AD points, 35 IDT points, 0 correspondence
course, 15 membership points, 50 total retirement points, and a year of
satisfactory service.
DPP recommends denial of that portion of the applicant’s request to award
him complete years of service for R/R years 17 May 1983 to 7 May 1984 and 8
May 1985 to 30 November 1985. DPP states the applicant’s service history
shows he participated for a partial year of service while on extended
active duty as a Reserve of the Air Force from 17 May 1983 through 7 May
1984. On 8 May 1984, when he was commissioned in the Regular Air Force,
his service history shows a full year of satisfactory service from 8 May
1984 through 7 May 1985 and a partial year of satisfactory service from 8
May 1985 through his discharge from the Regular Air Force on 30 November
1985. According to the Department of Defense Instruction (DODI) 1215.7,
when a partial year occurs as a result of a change of service components,
the service member will be credited with a partial year of satisfactory
service. A partial year of satisfactory service is any period less than 12
full months. The DPP 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 23
September 2005 for review and response 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. 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 1 December 1985 through 30
November 1986. We note the advisory opinion states the applicant
participated in good faith using the R/R date established prior to the
changes made to his record in April 1996. The Air Force office of primary
responsibility recommends his request for credit for a satisfactory year of
Federal service for the Reserve year ending 30 November 1986 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 eleven non-paid inactive duty
training points for his R/R year 1 December 1985 through 30 November 1986,
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 full years of service for his R/R years 17
May 1983 through 7 May 1984 and 7 May 1985 through 30 November 1985. We
note in accordance to DOD Instruction, when a partial year occurs as a
result of a change in service components, the Service member will be
credited with a partial year of satisfactory service. We also note the
applicant’s participation in the years in question was enough to still
count towards years of satisfactory service for retirement purposes.
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 full years of service
for R/R years 17 May 1983 through 7 May 1984 and 7 May 1985 through 30
November 1985. Accordingly, that portion of the application is not
favorably considered.
5. 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 issues 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 he was awarded an additional eleven
(11) non-paid inactive duty training points for retention/retirement year 1
December 1985 through 30 November 1986, resulting in 50 total points; and,
that the period 1 December 1985 through 30 November 1986 is a year of
satisfactory Federal service..
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 21 February 2006, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Patrick C. Daugherty, Member
Ms. Glenda H. Scheiner, Member
All members voted to correct the records, as recommended. The following
documentary evidence for Docket Number BC-2005-02731 was considered:
Exhibit A. DD Form 149, dated 27 Aug 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 20 Sep 05.
Exhibit D. Letter, SAF/MRBR, dated 23 Sep 05.
RICHARD A. PETERSON
Panel Chair
AFBCMR BC-2005-02731
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 XXXXXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that he was
awarded an additional eleven (11) non-paid inactive duty training points
for retention/retirement year 1 December 1985 through 30 November 1986,
resulting in 50 total points; and, that the period 1 December 1985 through
30 November 1986 is a year of satisfactory Federal service.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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