RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00117
INDEX CODE: 135.02
XXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 10 July 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
He be granted non-pay, Inactive Duty for Training (IDT) points for
Equivalent Reserve Instruction (ERI) and Community Service Programs (CSP)
training that occurred between August 1983 and November 1996.
________________________________________________________________
APPLICANT CONTENDS THAT:
After each event, he initially submitted the AF Form 40As, Record of
Individual Inactive Duty Training, with substantiating material, in a
timely manner. He erroneously sent the forms and the materials to the
National Personnel Records Center (NPRC) instead of the Points Management
Branch at the Air Reserve Personnel Center (ARPC), and did not discover
this error until April 2001. Upon discovering the error, he immediately
took action to reaccomplish/resubmit the paperwork to ARPC.
Although the IDT periods he is claiming are from many years ago, the
evidence he is submitting clearly substantiates the performance of the duty
being claimed.
The ERI claims he is submitting involve participation at academic
conferences. Participation at these conferences dealt with topics that are
clearly linked to his work in the military intelligence community.
As he understands it, ARPC is denying approval because the claims are for
periods from so long ago. The fact he has vivid proof of each submitted
claim of duty overrides the lapse of time. AFM 36-8001, dated 1 January
2000, was not in effect during the periods of duty being claimed, and he
followed the directives in place at the time the duty was performed.
In support of his appeal, he has submitted numerous AF Form 40As, with
substantiating material.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently an Individual Mobilization Augmentee (IMA) assigned
duty as a Reserve Air Attache in the grade of colonel. His date of birth
is 3 August 1955 (age 51), and he has completed 22 satisfactory years for a
reserve retirement as of 22 May 2006. He is projected for reassignment to
the Retired Reserve effective 2 June 2007.
The publication of the current Air Force Manuel 36-8001 was not in effect
at the time the duty was performed for the requested IDT credit. However,
AFM 36-8001 superseded AFR 35-41 in 2000, and the publication of Air Force
Regulation 35-41, Volume 2, Reserve Personnel Policies and Procedures,
dates back to 30 September 1975, and was in effect during the time
applicant requests IDT points be awarded.
AFR 35-41, Volume II, governed how points could be earned, and how they are
awarded and recorded. It stated that activities for which IDT points could
be earned are those that prepare a reservist for mobilization duties or
support an active Air Force mission. All IDT must have written
authorization in advance, be done without remuneration from a United States
Government source (other than for pay or points as a member of the USAFR),
be controlled or supervised by the proper military or civilian supervisor,
and require time and effort beyond that which is required in the normal
course of a member’s civilian job.
Equivalent Reserve Instruction (ERI) was defined as instruction a member
got when attending a professional or trade convention. Requests for ERI
point eligibility were required to be sent to HQ USAF/REPP at least 30 days
before the proposed meeting(s). Points could be earned if the meeting was
sponsored and supervised, and run by a military department, or if HQ USAF
had determined that it would increase the member’s professional development
or mobilization readiness, or do the same for the qualifications of those
members he/she may supervise. Additionally, it had to be approved for
point credit by HQ USAF/REPP, and the member had to sign in with a
designated monitor who represented the military (or, if there was no
monitor, he/she had been authorized by HQ USAF/REPP to, and did, certify
his/her own attendance).
Community Service Programs (CSP) were defined as projects to help the local
community. For point credit, they were required to be approved by the
installation commander, and had to benefit both the community and the Air
Force. The CSP was for members assigned to Category A, Air Force Reserve
(AFR) unit assignments, the Air National Guard (ANG), and members of
reserve programs that supported Category A, AFR units, the ANG, or the
regular Air Force. Other activities that were authorized in writing in
advance by the commander, program manager, or appropriate staff officer for
MAJCOM assigned Mobilization Assets (MAs) were also eligible for CSP point
credit.
Applicant’s Duty History reflects the following duty titles and effective
dates during the periods for which the ERI and CSP IDT points are being
requested: 21 November 1982 – Intel Officer, 2 February 1984 – Intel
Applications Officer, 11 May 1989 – Signals Intel Officer, 29 December 1990
– Signals Intel Officer, 15 May 1991 – Signals Intel Officer, 10 October
1993 – Intelligence Ops, 1 May 1994 – Intel Operations Officer, and
21 January 1998 – Foreign Area Attache.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. In May 2002, applicant requested crediting of
317 non-paid points for ERI and CSP IDT occurring between 1976 and 2001.
His request was denied, and a detailed response, signed by ARPC/CV, was
provided on 14 March 2003, explaining that his application was denied
because of improper authorization/certification, unauthorized training,
ineligible status, and untimely filing.
In August 2006, he faxed them a request to approve some of the same non-
paid points, which was again denied on 22 September 2006 for the same
reasons that were stated in their 14 March 2003 letter.
The ARPC/DPP evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded to the ARPC/DPP advisory on 20 February 2007. He
reiterated his contention that he initially submitted the AF Form 40As,
Record of Individual Inactive Duty Training, with substantiating material,
in a timely manner, and that they were erroneously sent to the National
Personnel Records Center (NPRC) instead of the Points Management Branch at
the Air Reserve Personnel Center (ARPC). Since discovering the error, he
has been following the instructions conveyed to him by the ARPC Points
Management Branch, as well as the instructions posted on the ARPC website,
and directives in place at the time the duty was performed. He has in his
possession AFM 36-8001, dated 1 January 2000; however, practically all of
the points he is seeking are from periods prior to 1 January 2000, so he is
working from directives in place at the time the duty claimed was
performed.
His focus was on rebutting the explanation provided by the ARPC/CV 14 March
2003 letter, and referenced in the ARPC/DPP advisory for this application,
as to why his request was denied. He provided his rationale as to why his
claims for participation at professional academic conferences between May
1986 and May 1988, his participation at professional conferences he
attended (and was a presenter at) between May 1983 and May 2001, and his
participation with CSP, should be honored and he should be awarded IDT
points.
Applicant’s complete response, with attachments, is at Exhibit D.
________________________________________________________________
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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice since the
non-pay IDT points he is requesting are for ERI and CSP training that was
not properly unauthorized in advance, was not properly certified upon
completion, and was not filed within 30 days after completion, as required
by the Air Force Regulation in effect at the time the training was
performed. Therefore, 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 Docket Number BC-2007-00117
in Executive Session on 30 April 2007, under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Mary C. Puckett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jan 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 1 Feb 07, w/atchs.
Exhibit D. Letter, Applicant, dated 20 Feb 07, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 9 Feb 07.
WAYNE R. GRACIE
Panel Chair
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