RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01279
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 26 Oct 07
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded enough service participation points to make his
Retention/Retirement (R/R) year of 2 February 2005 to 1 February 2006
a satisfactory year of service towards a Reserve retirement.
________________________________________________________________
APPLICANT CONTENDS THAT:
He is currently a civilian Special Agent with the Air Force Office of
Special Investigations (AFOSI). He was a member of the US Army
Reserve (USAR) when he applied for a transfer from the USAR to the US
Air Force Reserve (USAFR). He executed the USAFR Oath on 13 April
2005 as part of his inter-service transfer from the USAR to the USAFR.
He was deployed to Iraq in May 2005 for approximately 180 days and
was not able to perform any Unit Training Assemblies (UTA’s) during
that period. When he returned from Iraq in November 2005 he was
assigned to the Defense Intelligence Agency (DIA). The USAR had not
at that time published his inter-service transfer orders and he noted
no one seemed to know whom he should perform (UTA’s) with. In
February 2006, he was told he could attend UTA’s in March and April
2006 with the USAR. He was also advised to not perform any duty with
the Air Force until he received his discharge orders from the USAR.
He continued to receive an Army Leave and Earnings Statement (LES) and
incurred monthly Servicemen’s Group Life Insurance (SGLI) premiums
from both components. He finally received USAR discharge orders dated
28 February 2006 with an effective date of 13 April 2005. Therefore,
through no fault of his own, he was not able to receive the minimum
amount of participation points he needed to earn a satisfactory year
of service during the retirement year ending (RYE) 1 February 2006.
In support of his appeal, the applicant has provided copies of his
USAR discharge paperwork and travel documentation.
Applicant’s complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
After serving nine years in the USAR, he signed a request for
conditional release from the USAR to the USAFR contingent on his
appointment in the USAFR. A year later he requested an extension of
his conditional release and his request was granted allowing his
release through 15 June 2005. He signed an oath of office and
accepted an appointment in the USAFR on 14 April 2005. He was
initially assigned to the 514th Operations Support Squadron, McGuire
AFB, NJ. After his transfer, he attended school and was deployed
overseas in a civilian capacity for approximately 6 months. He then
transferred to the Individual Mobilization Augmentee (IMA) program and
did not participate during the months of 1 November 2005 through 1
February 2006.
________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPP recommends denial. DPP contends even though he believes
he is not at fault, he was aware of his R/R date and the amount of
points required for a satisfactory year of service. The fact he did
not earn the requisite points was his responsibility. He is an
experienced Reservist and though he could not participate for the six
months he was deployed, he had a remaining six months during the
affected R/R year with which to earn the necessary points.
DPP’s complete evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
19 May 2006 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 timely filed.
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 not knowing who to perform UTA’s with
during the final months of his R/R year, 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. 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-
2006-01279 in Executive Session on 11 July 2006, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Ms. Mary C. Puckett, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 19 May 06
Exhibit C. Letter, SAF/MRBR, dated 26 May 06.
THOMAS S. MARKIEWICZ
Panel Chair
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