RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02695
            INDEX CODE: 135.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  10 Mar 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

Retention/retirement (R/R) points from R/R year 29 May 97 through 28 May  98
be reallocated to R/R year 29 May 96 through 28 May  97  so  that  both  R/R
years will be satisfactory years of Federal service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not aware of how the points system worked  in  conjunction  with  his
R/R date [29 May] and was not made aware of an R/R date.   He  was  told  as
long as he did an annual tour before the end of the fiscal year [30 Sep]  he
would be “good” for that fiscal year.  His 13-27 Sep 97  tour  was  intended
for the R/R year ending 28 May 97 but was unintentionally  credited  to  the
R/R year ending 28 May 98. He is currently on medical  hold  for  a  Medical
Evaluation Board (MEB) for injuries sustained when  he  was  pinned  between
two pallets while downloading aircraft in Kuwait in 2003.  He was told  that
if he was found unfit  for  duty  he  would  probably  lose  his  retirement
because he has only 19 years of  service.   This  prompted  him  to  take  a
closer look at his service history and he noticed he had  a  “bad”  year  in
29 May 96-28 May 97.

In support of his request, applicant  provided  a  personal  statement,  two
Leave and  Earnings  Statements  (LESs),  and  an  R/R  point  summary.  The
applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to information provided by HQ ARPC/DPPKB via  email  dated  30 Oct
06, the applicant served in the Regular Army from 1 Nov  86  through  31 Oct
89.  Army records indicated no service beyond 31 Oct 89; a break in  service
was established from 1 Nov 86 though 28 May 91.

The applicant enlisted in the US Air Force Reserves (USAFR)  on  29 May  91.
His R/R year date was established as May 29 (the date he was returned to  an
active Reserve status) in accordance with Air Force Manual 36-8001,  Reserve
Personnel Participation and Training Procedures, Table 2.4, Rule 3.

Additional information regarding the applicant’s service is provided  by  HQ
ARPC/DPP in their advisory (Exhibit B).  Also,  according  to  HQ  ARPC/DPP,
the applicant is currently waiting to meet an  MEB  for  injuries  sustained
while in Kuwait.  As of 28 May 06, he has 18 years, 9 months and 22 days  of
satisfactory service.

In an email dated 13 Dec 06, HQ AFRC/SGPS advised that the applicant’s  case
has not yet gone through the MEB process.  Apparently,  there  were  several
line-of-duty (LOD) diagnosis/determinations all related  to  his  deployment
to Kuwait that had to be finalized.  The narrative summary  is  now  in  the
process of being written at McGuire AFB and, when completed,  the  MEB  will
be initiated.  In the  interim,  the  applicant  is  currently  on  Military
Personnel Appropriations (MPA) man-days for medical reasons.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP recommends denial. The  applicant  was  sent  an  AF  Form  526,
ANG/USAFR Point Credit Summary, to his present address for nine  consecutive
years, beginning with retirement year 29 May 91 through  28 May  00.   Every
AF Form 526 indicated 29 May as the R/R  date  and  showed  each  retirement
year as satisfactory service except for the retirement  year  ending  28 May
97. Even though the applicant was aware of unit requirements, he  failed  to
complete the annual tour requirements for Fiscal  Year  1996(FY96).   During
R/R year ending 28 May 97, he did not participate for seven months from  May
through Nov 96.  The applicant’s annual tours  were  credited  to  FY97  and
FY98 but were within the same R/R year ending 28 May 98.  He served  in  the
USAFR for five satisfactory service  years  before  this  alleged  injustice
occurred; since then he has completed another nine satisfactory  years.   He
is responsible for reviewing the point credit summary each retirement  year.
 His failure to participate for seven  months  within  the  retirement  year
contributed to unsatisfactory service.  His satisfactory  service  year  has
only now become an issue.

The complete HQ ARPC/DPP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 6 Oct 06 for review and comment within 30 days (Exhibit C).  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 along with the applicant's submission, the  Board  majority  finds
no evidence  of  an  error  in  this  case  and  is  not  persuaded  by  the
applicant's contentions that he has been the victim of  an  injustice.   The
applicant has served for over 18 years and  the  Board  majority  finds  his
assertions that he was unaware of how the  point  credit  system  worked  or
that until recently he was unaware the R/R  ending  28  May  97  was  not  a
satisfactory year of Federal service it difficult to believe.  The  majority
of the Board believes the applicant was provided adequate documentation  and
he should have reasonably been aware of his requirements for  completion  of
a satisfactory year of  Federal  service.   Therefore,  the  Board  majority
agrees with the opinion and  recommendation  of  the  Air  Force  office  of
primary responsibility and adopts its  rationale  as  the  basis  for  their
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.  In the absence of evidence to the contrary, the  Board  majority
finds no compelling basis to recommend granting the relief  sought  in  this
application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2006-02695
in Executive Session on 8 Feb 07, under the provisions of AFI 36-2603:

      Ms. Kathy L. Boockholdt, Panel Chair
      Mr. Charlie E. Williams, Jr., Member
      Ms. Teri G. Spoutz, Member

By a majority vote, the Board voted to deny the request.   Ms. Spoutz  voted
to correct the record and submitted a minority report which is  appended  at
Exhibit D.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Aug 06, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 29 Sep 06, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 6 Oct 06.
    Exhibit D.  Minority Report, dated 1 Mar 07.




                                             KATHY L. BOOCKHOLDT
                                             Panel Chair
AFBCMR BC-2006-02695

MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
MILITARY RECORDS (AFBCMR)

SUBJECT:    AFBCMR Application of

      I have carefully reviewed all of the circumstances of the applicant’s
case and agree with the minority member of the panel that his request that
his records be corrected to show Retention/Retirement (R/R) year 29 May
1996 through 28 May 1997 was a satisfactory year of Federal service should
be granted.

      In such cases as this one, absent corroborative evidence of
miscounseling by responsible personnel, I would normally feel constrained
to accept the majority recommendation to deny the applicant's appeal.
However, as noted by the minority member and, as incredulous as it may seem
that a career Reservist would not know his R/R date, evidence submitted by
the applicant shows he completed a tour at the end of September right
before the end of the fiscal year, which suggests he may have indeed
believed point credits are earned on a fiscal year basis, rather than an
R/R basis as he contends.  More significantly, unlike similar cases that
have consistently been denied, he actually completed the active duty tour,
albeit in the wrong R/R year.  Therefore, notwithstanding the fact that he
no longer needs the correction of records and the R/R year at issue is no
longer crucial to his option to accept severance pay or retired pay at age
60 as a result of being found unfit for further Reserve service because of
physical disability, his records should be corrected as requested as a
matter of equity.  In arriving at my decision, I note the proposed
corrective action will make the year in question a year of satisfactory
service without the necessity of awarding him additional points he did not
earn.











                                  JOE G. LINEBERGER
                                  Director
      Air Force Review Boards Agency







AFBCMR BC-2006-02695




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 APPLICANT, be corrected to show that the 15 active duty points
earned from 13 -27 September 1997 were completed during
Retention/Retirement (R/R) year 29 May 1996 through 28 May 1997, rather
than R/R year 29 May 1997 through 28 May 1998; and, that the period 29 May
1996 through 28 May 1997 is a year of satisfactory Federal service.







                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Ageny