RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01505
INDEX CODE: 135.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 18 JAN 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be credited with retirement points for the period 21 May –
20 Jul 84 for Retirement Year Ending (RYE) 18 Feb 85.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He believes it is unfair to be commissioned as an officer on active
duty performing work that he received pay for but not participation
points. He was commissioned on 19 Feb 82 and received an education
delay to attend law school. Between his second and third year of
law school he was ordered to active duty to serve as a legal intern
during the summer of 1984. Based on the regulation in effect at
the time, he received pay but no points.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was commissioned an officer in the Reserve of the Air
Force on 18 Feb 82. He served as a legal intern from 21 May 84 –
20 Jul 84 and was paid for a 61-day special tour. He was
progressively promoted to the grade of lieutenant colonel with a
promotion service date and date of rank of 1 Apr 00.
On 12 Aug 06, he was honorably transferred to the Retired Reserve,
and credited with 21 years of satisfactory federal service.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPP recommended denial, stating, in part, while the member
was in the Legal Intern Program, the relative guidance was Air
Force Regulation 35-41 Volume II, Reserve Personnel Policies and
Procedures Reserve Training. Individuals assigned to the
Individual Ready Reserve, Category J, 9035 Air Reserve Squadron
were allowed pay only.
The member was part of the program which consisted of commissioned
Air Force Reserve Officer Training Corps graduates to train on
active Air Force installations for 60 to 90 days normally between
their second and third academic years of law school. The member
received pay for his active duty training. The regulation
specifies that no points are credited; pay only is allowed.
HQ ARPC/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 4 Aug 06 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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. We took notice of
the applicant's complete submission in judging the merits of the
case. Based on the evidence of record and that verified by the
HQ Air Reserve Personnel Center (HQ ARPC), the applicant was given
credit for all of his participation in accordance with the
governing directive in effect at the time. Reserve members
assigned to Category J, were allowed pay only for active duty while
in the Legal Intern Program. Therefore, we agree with the opinion
and recommendation of the Air Reserve Personnel Center and adopt
their rationale as the basis for our conclusion that the applicant
has not been the victim of an error or injustice. In the absence
of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
___________________________________________________________________
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-2006-01505 in Executive Session on 26 September 2006, under the
provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Patrick C. Daugherty, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 May 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPP, dated 2 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 06.
JAMES W. RUSSELL III
Panel Chair
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