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AF | BCMR | CY2007 | BC-2007-00701
Original file (BC-2007-00701.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00701
            INDEX CODE:  135.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  8 SEP 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  Retirement  Year  Ending  (RYE)  6  August  2001  be  changed  from  an
unsatisfactory year to a satisfactory year of service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was unaware that service history points  were  based  upon  the  member’s
anniversary date.  He was under the  impression  that  satisfactory  service
was based upon fiscal year  or  calendar  year  requirements.   He  was  not
informed of the requirements that determined satisfactory service.

In support of his request, the applicant provided a personal statement.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air Force (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states  the  applicant  was  released  from
active duty on 20 January 1999 and assigned to  the  Air  Reserve  Personnel
Center,  Obligated  Reserve  Section.   On  25 February   1999,   he   began
participation as an  Individual  Mobilization  Augmentee,  attached  to  the
439th Security Forces Squadron, Westover ARB, MA.

The applicant states that in  September  2000,  he  was  accepted  into  the
Police Academy of New York City.  He requested a leave of absence  from  his
Reserve unit so that he could focus on training in the Police  Academy.   In
May 2001, the applicant graduated in the top 5% of his class.  The leave  of
absence lasting eight months  contributed  to  his  inability  to  meet  the
minimum number of points required for a year of satisfactory service.

There is no injustice or error  in  the  applicant’s  record.   Points  were
awarded in the appropriate R/R year based on participation dates.

The DPP complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 March 2007, the evaluation was forwarded to the applicant  for  review
and comment within 30 days (Exhibit D).  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 an  error  or  injustice.   After  a  thorough  review  of  the
evidence of  record  and  the  applicant’s  submission,  the  Board  is  not
persuaded relief should be granted.  The applicant’s  contentions  are  duly
noted; however, the  Board  does  not  find  these  assertions,  in  and  by
themselves, sufficiently persuasive to override the  rationale  provided  by
the Air Force office of primary  responsibility.   The  Board  believes  the
applicant  should  have  reasonably  been  aware  of  his  requirements  for
completion of a satisfactory year of Federal service.  The  Board  found  no
evidence which would lead them to  believe  otherwise.   Therefore,  in  the
absence of evidence to the contrary, the Board finds no compelling basis  to
recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2007-
00701 in Executive Session on 8 May 2007, under the provisions  of  AFI  36-
2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Ms. Kathleen B. O’Sullivan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 Feb 07, w/atch.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPP, dated 26 Mar 07.
   Exhibit D.  Letter, Applicant, dated 30 Mar 07.




                 CHARLENE M. BRADLEY
                 Panel Chair

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