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AF | BCMR | CY2007 | BC-2007-01332
Original file (BC-2007-01332.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01332
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  records  be  corrected  to  reflect  satisfactory   service   for
retirement year ending (RYE) 14 November 1992.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was given 49 points for 1992 and he needs  50  points  for  a  good
year.  He was told by his superintendent from the 41st MSES  that  his
retirement and retention (R/R) year was 15  August  and  13 March  for
pay.  Because his points were calculated on 15 November which was  the
date he originally left active duty, the policy  for  counting  points
has changed.  If his time were calculated using the 15 August date, he
would have enough points for a good year.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 March 1980. He  left
the Regular Air Force on 14 November 1984 and was transferred  to  the
Air Reserve Personnel Center (ARPC)  Obligated  Reserve  Section.   In
March 1986,  he  enlisted  with  the  California  Air  National  Guard
(CAANG).  He has been progressively promoted to the grade  of  captain
with a date of rank (DOR) of 9 December 2003.  He is currently serving
with the New Mexico ANG (NMANG) at Kirtland AFB  at  Albuquerque,  NM.
As of 29 September 2006, he had just under 15  years  of  satisfactory
service.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states there is no error or injustice
as his R/R points were calculated based on 15 November,  the  date  he
became a reservist.  Air Force regulation (AFR) 35-41 states  the  R/R
year begins on the date the member is placed on active Reserve status.
 Even though his superintendent told him his R/R date was  15  August,
his assignment orders included his correct R/R date.

DPP’s complete evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
24 May 2007 for review and comment within 30 days.  As of  this  date,
no response has been received by this office.
Applicant’s complete response is at Exhibit C.


_________________________________________________________________

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  of  his  superintendent  giving  him  an
erroneous R/R date, in and by  itself,  is  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-
2007-01332  in  Executive  Session  on  16  August  2007,  under   the
provisions of AFI 36-2603:

      Ms. B.J. White-Olson, Panel Chair
      Mr. Vance E. Lineberger, Member
      Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Apr 07.
    Exhibit B.  Letter, HQ ARPC/DPP, dated 22 May 07, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 24 May 07.




                                   B. J. WHITE-OLSON
                                   Panel Chair

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