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AF | BCMR | CY2007 | BC-2007-01946
Original file (BC-2007-01946.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01946
                                       INDEX CODE:  108.00
      XXXXXXXXXXXXXXXXXXXXXXX           COUNSEL: NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  22 December 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

The reason for his reassignment to  the  Inactive  Reserve  on  his  Reserve
Order A-50 be changed from unsatisfactory participation under  20  years  to
hardship.  In addition, he be given point credits for his field training  on
9-11 September 1995 and 20 March 1998.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He requested to be reassigned to the Inactive Reserve due to his  stepfather
dying from cancer.  He quit attending Unit Training Assemblies  (UTAs)  when
his stepfather passed away on  17  September  1993.   His  reassignment  was
subsequently approved on 2 December 1993; however, it  reflects  the  reason
as unsatisfactory participation.   He  is  currently  participating  in  the
Oregon Air National Guard (ANG) and  is  in  good  standing.   Due  to  Base
Realignment and Closure his civilian job has been  transferred  to  Lackland
Air Force Base; therefore, he is seeking a transfer from the Oregon  ANG  to
the Texas (TX) ANG for his ANG training.  However, the reason  for  transfer
to the Inactive Reserve shown on his Reserve Order A-50  is  preventing  his
transfer.  He is currently approved for  temporary  participation  with  the
Texas ANG so he doesn’t fall behind in training.

In support of his application, the applicant provides copies of his  Reserve
enlistment documents, Reserve assignment order, reassignment  order  to  the
Inactive Reserve, Reserve Point Credit  Summary,  Individual  Ready  Reserve
(IRR) Screening orders, Muster Duty orders, stepfather’s death  certificate,
and honorable discharge order from the Air Force Reserve.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 30 April 1993, the applicant was voluntarily released from  the  Inactive
Reserve and enlisted in the Ready Reserve in the  grade  of  sergeant  (E-4)
effective 1 May 1993.  His AF Form 526,  Air  National  Guard/United  States
Air Force Reserve  Point  Summary,  dated  18  December  1993  reflects  his
participation as 14 active duty training points, 16 inactive  duty  training
points, and 15 membership points for the  period  13  October  1992  through
12 October 1993 and for a total of 45 total points for retirement but not  a
satisfactory year of  service.   Reserve  Assignment  Order  A-50,  dated  2
December  1993,  reassigned  the  applicant  to  the  Inactive  Reserve  for
unsatisfactory participation under 20 years of service.

Reserve Order FA-08507, dated 1  August  1995,  recalled  the  applicant  to
active duty for 9-11 September 1995 for an IRR Screening in accordance  with
Title 10, United States Code, Section 10149.  Reserve Order  FA-0999,  dated
19 February 1998, ordered the applicant to one day of  active  duty  for  an
IRR Screening on 20 March 1998.  Reserve Order CA-009739, dated 1 May  1999,
reflects the applicant’s honorable discharge  from  the  Air  Force  Reserve
effective 30 April 1999.

The Military Personnel Data System  reflects  the  applicant  currently  has
over ten years, of satisfactory service as of 12 April 2007.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/A1B recommends denial of the applicant’s request to correct his  record
to reflect he was  voluntarily  reassigned  to  Inactive  Reserve  based  on
hardship.  A1B states the applicant has not provided any  evidence  to  show
he submitted a request for  a  voluntary  hardship  reassignment,  that  his
request was approved, or that orders were published to reassign him  to  the
Inactive Reserve for the reason of hardship.  Even if  he  had  submitted  a
request for voluntary reassignment,  the  applicant  remained  obligated  to
continued  military  service  until  released.   Such  release  would   have
occurred only after his request for reassignment  was  approved  and  orders
were published.  There is no evidence that this occurred.

A1B states if the Board decides to grant the relief sought, the  applicant’s
military records should be corrected to  reflect  his  reassignment  to  the
Inactive Reserve based on hardship and award him  participation  points  for
the period the applicant was reported as an unsatisfactory participant.

The A1B evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to A1B’s evaluation, the  applicant  explains  that  he  is  not
seeking point credit for a  satisfactory  year  in  1993.   The  only  point
credits he is asking for is for his participation during the 9-11  September
1995 and 20 March 1998 IRR Screenings.   In  addition,  he  would  like  his
reassignment order to the  Inactive  Reserve,  dated  2  December  1993,  be
corrected  to  reflect  his  release  was  due  to   hardship   instead   of
unsatisfactory participation.  He has attached his Oregon ANG  participation
documentation.

A copy of the applicant’s rebuttal, with attachments, is at Exhibit E.

_________________________________________________________________

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 probable error with respect  to  the  applicant’s  request  for
active duty training (ADT) points for the period 9–11  September  1995.   We
note the applicant was recalled to active duty for a period  of  three  days
(9-11 September 1995) for an Individual Ready Reserve  (IRR)  Screening  and
was subsequently paid for the three days  duty;  however,  MilPDS  does  not
reflect he earned points for this period.  The Points Management  Branch  at
the Air Reserve Personnel Center has confirmed this  was  an  oversight  and
that he is, in fact, entitled to three ADT points for 9-11  September  1995.
Accordingly,  we  feel  the  applicant’s  records  should  be  corrected  as
indicated below.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice in regard to the applicant’s request  for
an ADT point for the period 20 March 1998 and  his  request  to  change  the
reason for his reassignment to Inactive Reserve Status effective 2  December
1993.  After a thorough review of  the  applicant’s  available  records,  we
note he was recalled to active duty  for  the  purpose  of  Muster  Duty  on
20 March 1998; however, in accordance with  Air  Force  Manual  36-8001  and
Title 10 United States Code, Section  12319,  members  receive  pay  but  no
training points for Muster Duty.   In  addition,  we  note  the  applicant’s
contentions  that  he  requested  voluntary  reassignment  in  1993  due  to
hardship; however, he has not provided a copy  of  his  request  asking  for
reassignment or an approval by competent  authority  approving  his  request
for a hardship reassignment.  Therefore, in view of the  above  and  in  the
absence of evidence to the contrary, we concur with the opinion of  the  Air
Force office of primary responsibility and find the applicant has failed  to
sustain his burden for providing a showing of error or injustice  in  regard
to his request to change his reason for  reassignment  to  Inactive  Reserve
Status and for awarding him an ADT point for his active  duty  performed  on
20 March 1998.  Accordingly, those portions of the applicant’s  request  are
not favorably considered.

_________________________________________________________________

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  awarded  three  (3)  active
duty training points for the period 9-11 September 1995.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 25 September 2007, under the provisions of AFI 36-2603:

                 Mr. James W. Russell, III, Panel Chair
                 Mr. Don H. Kendrick, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2007-01946:

      Exhibit A.  DD Form 149, dated 15 Jun 07, w/atchs.
      Exhibit B.  Applicant’s Military Personnel Records.
      Exhibit C.  Letter, AFRC/A1B, dated 23 Jul 07.
      Exhibit D.  Letter, SAF/MRBR, dated 27 Jul 07.
      Exhibit E.  Applicant’s Rebuttal, not dated, w/atchs.




                                  JAMES W. RUSSELL, III
                                                   Panel Chair



AFBCMR BC-2007-01946




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 XXXXXXXXXXXXXXXXXXXXXXX,  be  corrected  to  show  that  he  was
awarded three (3) active duty training points for the period 9-11  September
1995.




                                             JOE G. LINEBERGER
                                             Director
                                             Air Force Review Boards Agency

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