RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00480
INDEX CODE: 135.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
One point be added to his “Point Credit Record” for
retention/retirement (R/R) year ending 15 March 1994.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 17 July 1992, he was in the Individual Ready Reserve (IRR) and
received a military physical during the hours of 0700 to 1630 at
Ebbing Air National Guard Base (ANGB), Fort Smith, Arkansas. In
accordance with Air Force Manual (AFM) 36-8001, he is entitled to
receive, at a minimum, one point for performance of duty.
In support of his appeal, the applicant has provided a copy of his
physical, an Air Force Form 40A, Record of Individual Inactive Duty
Training, and some duty history information.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 March 1992, he was released from the Regular Air Force and was
assigned to the Air Reserve Personnel Center (ARPC), Obligated Reserve
Section. He had not completed his service obligation and was
subsequently assigned to the Non-Participating Individual Ready
Reserve. On 18 July 1993, he was assigned to the Arkansas ANG
(ARANG). He completed a military physical examination on 17 July 1993
while assigned to the Obligated Reserve Section one day prior to the
effective date of his unit assignment with the ARANG. He is
therefore, one point shy of a satisfactory year of service for 16
March 1993 to 15 March 1994 and will have to serve an additional year
in order to be eligible for retirement.
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states the member was not authorized
to earn points on the day he completed his physical. The Reserve
order (DA-5772) informs the applicant that a medical examination is
required within 90 days of unit assignment and training (earning of
points other than membership points) is not authorized prior to 18
July 1993.
DPP’s complete evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 6
April 2007 for review and comment within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a review of the evidence
provided, we are of the opinion the applicant exercised sufficient due
diligence to earn the necessary point he needed for a satisfactory
year of service by reporting for his physical, albeit a day early.
While we are aware that the ultimate responsibility for ensuring the
applicant earns a satisfactory year of service rests with the
applicant, it seems in this case the ARANG could bear some
responsibility in that they allowed the physical to take place a day
earlier than was authorized. Nevertheless, he showed every intention
of meeting his Reserve requirement and we believe that to not award
the one point he earned would constitute an injustice by forcing the
applicant to serve an entire year in order to receive just one point.
Therefore, we recommend that the records be corrected as indicated
below.
______________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that he was credited with
an additional one (1) non-paid inactive duty point for
retention/retirement year 16 March 1993 through 15 March 1994,
resulting in 50 total points; and, that the period 16 March 1993
through 15 March 1994 is a year of satisfactory Federal service.
The following members of the Board considered AFBCMR Docket Number BC-
2007-00480 in Executive Session on 10 May 2007, under the provisions
of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Patricia R. Collins, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Feb 07, w/atchs.
Exhibit B. Letter, HQ ARPC/DPP, dated 7 Mar 07, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 6 Apr 07.
MICHAEL K. GALLOGLY
Panel Chair
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