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AF | BCMR | CY2006 | BC-2005-02731
Original file (BC-2005-02731.DOC) Auto-classification: Approved

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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