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AF | BCMR | CY2008 | BC-2007-02775
Original file (BC-2007-02775.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02775
            INDEX CODE:  135.02
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Annual Tour (AT) performed in Retirement/Retention (R/R) Year 19 Aug  97
to 18 Aug 98 be moved to the next R/R year (98/99).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He worked through his supervisor, Base Reserve Coordinator,  MAJCOM  Reserve
Coordinator, and the Air Reserve Personnel  Center  to  obtain  approval  to
perform a second AT within his  R/R  97/98.   This  was  requested  (at  the
suggestion of the MAJCOM Coordinator) and approved up  and  down  the  chain
with the specific intent to correct a  problem  he  had  concerning  his  AT
“window.”

The intent was for a second AT to  count  towards  his  R/R  year  98/99  AT
requirement.

After receiving approval, he did not perform an AT in R/R year 98/99.

His records currently reflect two ATs in R/R year  97/98  and  none  in  R/R
year 98/99.

This  R/R  year  had  additional  problems  (with  points  earned  but   not
reflected) that had to be corrected first.  The  problem  was  corrected  in
May 06.

Previous attempts to correct his current problem were  unsuccessful  and  he
only recently found out about this avenue for a potential remedy.

In support of his request, the applicant provided copies of     e-mails  and
letters supporting his approved request concerning  his  second  AT  in  R/R
year 97/98.

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

_________________________________________________________________



STATEMENT OF FACTS:

The applicant is currently serving as an Individual  Mobilization  Augmentee
(IMA) in the grade of major.

On 19 Aug  97,  the  applicant  re-entered  the  Reserve  active  duty.   He
performed an annual tour in Sep 97.

He attended the Reserve Forces Combat Engineering Class 98A from 11  May  98
to 22 May  98  and  requested  that  it  count  for  his  next  annual  tour
requirement (98/99).  Prior to attending the course and in his  request  for
approval, he specifically expressed his  intent  to  have  the  class  count
towards his R/R year 98/99 and asked that  he  be  informed  if  it  was  an
impossibility. On 9 Jun 98, HQ AFMC/CCV approved the request.

The applicant’s records reflect two ATs in R/R year 97.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/A1BR recommends denial of the applicant’s request.   AFMAN  36-8001,
Reserve Personnel Participation and Training Procedures,  does  not  provide
allowance for transferring Reserve personnel’s statutory  requirements  from
one FY to another in order to obtain a satisfactory year toward  retirement.
 Chapter 2, paragraph 2.2 specifically states, “Points may only be  credited
to  the  date  a  member  actually  performed  the  duty,  except  in  those
activities where the cumulative method is authorized.

The HQ AFRC/A1BR complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 12  Oct
07 for review and comment within 30 days (Exhibit  D).   As  of  this  date,
this office has not received a response.

_________________________________________________________________
THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error or  injustice.  Therefore,
in the absence of 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  Docket  Number  BC-2007-02775
in Executive Session on 29 November 2007, under the provisions  of  AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Mark J. Novitski, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atchs, dated 19 Aug 07.
    Exhibit B.  HQ ARFC/A1BR Memorandum, dated 9 Oct 07.
    Exhibit C.  Letter, SAF/MRBR, dated 12 Oct 07.



                                   MICHAEL K. GALLOGLY
                                   Panel Chair


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