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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