RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00966
INDEX CODE: 135.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Retirement participation points he earned between 14 May and 28 May
2004 be applied to Retention/Retirement (R/R) year ending 13 May 2004
thereby increasing his participation point total by 14 points from 37
to 51 points.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he transferred from the Army National Guard (ARNG) to the Air
Force Reserve (AFR) in 2003, he was clearly told his
retention/retirement (R/R) date had changed to the day prior to his
date of commission in the AFR which was 2 June. Therefore, in 2004,
he planned his Reserve duty dates based on the use of 2 June as his
cut-off date to complete 50 participation points for the year. He
took time off from work in April and May to perform duty days that
enabled him to accrue 51 participation points towards his 2 June R/R
date. In late July 2004, he received a summary of his total points to
date and realized he was credited with only 37 points for the 2 June
R/R year instead of the 51 he had earned. His schedule was planned
and executed based on the 2 June R/R date provided him by the Air
Reserve Personnel Center (ARPC). He contacted ARPC and was told he
was credited with only the points earned through 13 May 2004 because
13 May was his actual, correct R/R date. His R/R date had not changed
as he was earlier told by an ARPC technician.
In support of his appeal, the applicant has provided copies of several
AF Forms 40A, Record of Individual Inactive Duty Training.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant began his military service on 14 May 1983. He was
progressively promoted to the grade of major with a date of rank (DOR)
of 1 January 2001. As of 13 May 2006, he had accrued 12 years of
satisfactory service towards a Reserve retirement. He is currently
assigned to the Non-Obligated, Non-Participating Ready Reserve Section
of ARPC.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states the applicant’s service
history was audited on 22 October 2003 and his correct R/R date was
identified as 14 May based on the date he was commissioned in the
Reserve Officer Training Corps. A computer generated letter was sent
informing him his R/R date had been established as 14 May. He did not
participate for 9 months during the year in question from May 2003
through January 2004. He would not have received a satisfactory year
of service even if his R/R year was in fact, 2 June.
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
13 April 2007 for review and comment within 30 days. 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 error or injustice. After a thorough review of the
evidence of record and applicant's submission, we are not persuaded
that his uncorroborated assertion that he was miscounseled regarding
his R/R date, in and by itself, sufficiently persuasive to override
the rationale provided by the Air Force. Therefore, we agree with the
opinion and recommendation of the Air Force office of primary
responsibility and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden of having
suffered either an error or injustice. Therefore, in the absence of
persuasive 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 AFBCMR Docket Number BC-
2007-00966 in Executive Session on 14 June 2007, under the provisions
of AFI 36-2603:
Mr. James W. Russell, III, Panel Chair
Ms. Glenda H. Scheiner, Member
Mr. Michael F. McGhee, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Mar 07, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 11 Apr 07.
Exhibit C. Letter, SAF/MRBR, dated 13 Apr 07.
JAMES W. RUSSELL, III
Panel Chair
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