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AF | BCMR | CY2008 | BC-2007-03132
Original file (BC-2007-03132.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03132
                                             INDEX CODE:  135.02
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to  reflect  satisfactory  service  for  three  bad
years.

________________________________________________________________

APPLICANT CONTENDS THAT:

He entered the Active  Duty  Air  Force  on  19  January  1988, subsequently
entered the Individual Mobilization  Augmentee  (IMA)  Program  of  the  Air
Force  Reserve  (AFR)  on  31  August  1996,  and   31 August   became   his
Retention/Retirement (R/R) date.

He continued to work within the requirements of the 31 August R/R date  when
it was changed to 19 January,  and  he  does  not  remember  it  ever  being
explained to him why it was changed.  He did not understand the severity  of
the action or the consequences of not adjusting to the new  R/R  date  until
years later when he better understood the IMA Program.

When he recognized the infraction, he made inquiries to correct  this  issue
in 2002, and was told that there was nothing that could be done.

He would like to be eligible for retirement sooner than later.   He  put  in
the required time for retirement points, but not within the time  restraints
of the R/R year due to the R/R date change.

He understands that it is  ultimately  his  responsibility  to  recognize  a
mistake, but being an IMA is unlike being on active duty in  that  there  is
no one in an orderly room to explain things to you.  It was up to  him,  and
he understood this issue too late.

In support of his appeal, he has provided copies of a document titled FY  98
Training  Dates,  and  numerous  documents   pertaining   to   his   reserve
participation (Inactive Duty  Training  and  Active  Duty  Training)  during
Calendar Years 1998, 1999, 2000, and 2001.



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

________________________________________________________________

STATEMENT OF FACTS:

On 19 January 1988, the applicant enlisted in  the  Regular  Air  Force  and
entered active duty.  He was released from active duty and assigned  to  the
AFR IMA Program on 31 August 1996.  When his record was gained  to  the  AFR
Point Credit Accounting and Reporting  System  (PCARS),  his  R/R  date  was
erroneously shown as 31 August.

The R/R year for a member of the Reserve components begins  on  one  day  of
one year and ends on the preceding day of the next year.  For those  members
assigned to an active Reserve status on or before  30  September  1995,  the
R/R date begins on the  date  of  their  assignment  to  an  active  Reserve
status.  For those members assigned to an active Reserve status on or  after
1 October 1995, the R/R date is established as the  date  of  initial  entry
into uniform service (DIEUS), and a new R/R date is not established if  they
transfer between Reserve components, or from a Regular component.

Reserve members are credited with a year  of  satisfactory  federal  service
for retirement when they earn a minimum of 50 points  (including  membership
points) in a full R/R year.  Points are earned as  follows:  one  point  for
each day of active duty (AD), one point for  four  hours  of  Inactive  Duty
Training (IDT), not to exceed two points per calendar  day,  and  one  point
for each three study hours of  Extension  Course  Institute  (ECI)  courses.
Fifteen membership points are also earned for a full R/R year.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  The applicant is not claiming that he  did  not
receive notification of the change to his R/R date, only  that  he  was  not
given an explanation for the change.  However, the 19 April 1997  memorandum
did contain an explanation as to why the R/R date was  changed,  and  an  AF
Form 526, ANG/USAFR Point Credit Summary, with the new R/R date  was  mailed
annually to his current address beginning in March 1998 through March 2002.

The applicant’s service history was audited in April 1997, and his R/R  date
was correctly established as 19  January,  the  date  he  initially  entered
active duty with the Regular Air Force.  The record shows a  change  of  R/R
date memorandum was sent to the applicant on 19  April  1997,  at  the  same
address used with this application.  He  was  also  sent  an  AF  Form  526,
ANG/USAFR Point Credit Summary, for each of the  following  two  years  that
showed the correct R/R date and satisfactory years of service.   His  record
does not show unsatisfactory service (less  than  50  points  earned)  until
Retirement Year Ending (RYE) 18 January  2000.   A  review  of  his  service
history showed he was missing 79 AD points  for  RYE  18  January  2002.   A
correction was made, and his record now shows 91 AD points, 20  IDT  points,
0 ECI points, 15 membership points, 126 total retirement points, and a  year
of satisfactory service for RYE 18 January 2002.

If this application is approved, the following  corrective  action  will  be
necessary:

      a. For RYE 18 January 2000, award one additional non-paid  IDT  point.
His record would then show 12 AD points, 23 IDT points,  0  ECI  points,  15
membership points, 50 total retirement points, and a  year  of  satisfactory
federal service.


      b. For RYE 18 January 2001, award two additional non-paid IDT  points.
His record would then show 13 AD points, 22 IDT points,  0  ECI  points,  15
membership points, 50 total retirement points, and a  year  of  satisfactory
federal service.

The ARPC/DPP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  26
October 2007, for review and comment, within 30 days.  However, as  of  this
date, no response has been received by this office.

________________________________________________________________

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 an injustice to warrant awarding the applicant sufficient  non-
paid IDT points so that RYE 18 January 2000 and  RYE  18  January  2001  are
satisfactory years of Federal service.  The Board notes that RYE 18  January
2002 has been administratively corrected to reflect a satisfactory  year  of
Federal service, and is sympathetic to the fact that as an IMA, he  may  not
have been properly advised as to the effect of the change in  his  R/R  date
and the need to adjust his future training schedules within the  constraints
of the new
R/R date.  Therefore, we recommend that his  records  be  corrected  to  the
extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

            a.  He was awarded one non-paid inactive  duty  point,  for  the
Retention/Retirement  Year  19  January  1999   through   18 January   2000,
resulting in 50 total points; and that the period  19 January  1999  through
18 January 2000 is a year of satisfactory Federal service.

            a.  He was awarded two non-paid inactive duty  points,  for  the
Retention/Retirement  Year  19  January  2000   through   18 January   2001,
resulting in 50 total points; and that the period 19  January  2000  through
18 January 2001 is a year of satisfactory Federal service.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-03132
in Executive Session on 8 January 2008, under  the  provisions  of  AFI  36-
2603:

                       Mr. John B. Hennessey, Panel Chair
                       Mr. Joseph D. Yount, Member
                       Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Sep 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 19 Oct 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Oct 07.




                                   JOHN B. HENNESSEY
                                   Panel Chair




AFBCMR BC-2007-03132




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 XXXXXXXXXXXXXXXX be corrected to show that:

            a.  He was awarded one non-paid, inactive duty point for
Retention/Retirement Year 19 January 1999 through 18 January 2000,
resulting in 50 total points; and that the period 19 January 1999 through
18 January 2000 is a year of satisfactory Federal service.

            b.  He was awarded two non-paid, inactive duty points for
Retention/Retirement Year 19 January 2000 through 18 January 2001,
resulting in 50 total points; and that the period 19 January 2000 through
18 January 2001 is a year of satisfactory Federal service.










  JOE G. LINEBERGER

  Director

Air Force Review Boards Agency

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