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AF | BCMR | CY2007 | BC-2007-00525
Original file (BC-2007-00525.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00525
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect a satisfactory year of service  for
retirement year ending (RYE) 18 December 2005.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He entered police academy training that was to last  for  six  months.
During October 2004, he completed several  Rescheduled  Unit  Training
Assembly’s (RUTA’s).  The October 2004 RUTA’s covered the first  three
months of his police training.  In April 2005,  upon  graduation  from
the academy, he performed several more RUTA’s to cover the final three
months of UTA’s he missed.  He did not know it at  the  time  but  the
RUTA’s he performed in October 2004 were not applied to his total  for
the year 2005.  He  feels  he  had  good  intentions  to  fulfill  his
obligation to the New Jersey Air National Guard (NJANG) and would like
to receive enough  credit  to  ensure  his  RYE  December  2005  is  a
satisfactory year of service.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the NJANG on 19 December 2001.  He has  been
progressively promoted to the grade of senior airman.  His R/R date is
19 December through 18 December  of  any  given  year.   He  performed
RUTA’s in lieu of UTA’s as he attended six months  of  police  academy
training, graduating in April  2005.   Unfortunately,  the  RUTA’s  he
performed in October 2004, were accomplished and credited to  his  RYE
December 2004 leaving him short of a satisfactory year of service  for
RYE December 2005 by two (2) points.  He is currently serving with the
NJANG and has over four years of satisfactory service.

_________________________________________________________________




AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states there is no error or injustice
in this case.  He  was  awarded  all  the  points  he  earned  in  the
appropriate retirement years.  While  his  attempt  to  make  sure  he
served prior to and following his police training is  commendable,  he
failed to meet  the  requirement  for  satisfactory  service  for  RYE
December 2005.

DPP’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
16 March 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 an error or injustice.  After reviewing  the  applicant’s
records and the documents submitted, we are of the opinion he acted in
good faith. The applicant scheduled and  attended  RUTA’s  in  October
2004 to cover the first  three-month  period  of  his  police  academy
training, and then again  in April 2005 to cover the second three-moth
period  of  his  six  months  training  in  a  police  academy.  After
performing the RUTA’s, it appears he was under the impression  he  had
earned a sufficient number of points to have a  satisfactory  year  of
service for RYE December 2005.  Therefore,  in  order  to  preclude  a
possible injustice to the applicant, we recommend that his 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   two   (2)   non-paid   inactive   duty   points   for
retention/retirement year 19 December 2004 through 18  December  2005,
resulting in 50 total points; and, that the  period  19 December  2004
through 18 December 2005 is a year of satisfactory Federal service.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-00525 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 13 Feb 07.
    Exhibit B.  Letter, ARPC/DPP, dated 13 Mar 07.
    Exhibit C.  Letter, SAF/MRBR, dated 16 Mar 07.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair


                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


[pic]
Office Of The Assistant Secretary



AFBCMR BC-2007-00525




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 he was credited
with an additional two (2) non-paid inactive duty points for
retention/retirement year 19 December 2004 through 18 December 2005,
resulting in 50 total points; and, that the period 19 December 2004
through 18 December 2005 is a year of satisfactory Federal service.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency


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