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AF | BCMR | CY2007 | BC-2007-00480
Original file (BC-2007-00480.Doc) Auto-classification: Approved

                       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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