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AF | BCMR | CY2006 | BC-2006-01647
Original file (BC-2006-01647.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01647
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  3 DEC 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive active duty points, service, and pay for the period  21 Feb
95 to 18 Aug 95.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have received active duty points, service and  pay  for  the
period 21 Feb 95 to 18 Aug 95, and should not have  been  assigned  to
temporary duty (TDY).

In support of his appeal, the applicant provided an expanded statement
and documents from his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

A DD Form 1610, Request  and  Authorization  for  TDY  Travel  of  DOD
Personnel, indicates the applicant, a major in the Air  Force  Reserve
at the time, received orders for TDY to  Hautes-Rivieres,  France,  to
Stuttgart, Germany, for the  period  21  Feb  95  to  18 Aug 95.   The
purpose of the TDY was to conduct official business for  Headquarters,
United States European Command in  connection  with  the  Military-to-
Military Contact Program.

By  Special  Order  AGA-111,  dated  13  Jan  03,  the  applicant  was
voluntarily ordered to extended active duty for the  period  16 Jan 03
to 30 Jun 03 in the grade of lieutenant colonel.

Applicant was relieved from active duty, and retired  effective  1 Jul
03, in the grade of lieutenant colonel.  He was credited with 20 years
and 4 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/A1X  recommends  denial  noting  that  in  accordance  with   the
governing instruction a member desiring to invoke a claim to sanctuary
protection under 10 U.S.C., Section 12686, must do so while on  active
duty (other than for training) and in  the  sanctuary.   According  to
AFRC/A1X, the applicant was neither on active duty  nor  in  sanctuary
for the time frame above; making him ineligible to invoke a claim  for
sanctuary protection.  He received inactive duty training (IDT) credit
for the period of 21 Feb 95 to 18 Aug 95.

In AFRC/A1X’s view, there was insufficient  documentation  to  make  a
determination as to why the applicant’s commander/supervisor chose  to
put him on TDY orders rather than active duty.

A complete copy of the AFRC/A1X evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 4 Aug
06 for review and response within  30  days.   As  of  this  date,  no
response has been received by this office (Exhibit C).

_________________________________________________________________

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.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not find the  applicant’s  assertions  and  the
documentation  presented  in  support  of  his  appeal  sufficient  to
convince us that corrective action  is  warranted.   The  evidence  of
record indicates the applicant received orders for TDY for the  period
21 Feb 95 to 18 Aug 95 to conduct official business for  Headquarters,
United States European Command, in connection  with  the  Military-to-
Military Contact Program.   After  a  thorough  review  of  facts  and
circumstances of this case, no evidence has been presented which shows
to our satisfaction the applicant  was  improperly  placed  in  a  TDY
status, or that  he  was  entitled  to  receive  active  duty  points,
service, and pay for the period 21 Feb 95 to 18 Aug 95.   In  view  of
the foregoing, and in  the  absence  of  sufficient  evidence  to  the
contrary, we agree with the recommendation of the Air Force office  of
primary responsibility (OPR) and conclude the applicant has failed  to
sustain his burden of establishing that  he  has  suffered  either  an
error or an injustice.  Accordingly, 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   issues   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-
2006-01647 in Executive Session on 27 Sep 06, under the provisions  of
AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Ms. Barbara R. Murray, Member
      Mr. John E. B. Smith, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 May 06, w/atchs.
    Exhibit B.  Letter, AFRC/A1X, dated 25 Jul 06.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Aug 06.




                                   MARILYN M. THOMAS
                                   Vice Chair

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