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AF | BCMR | CY2008 | BC-2007-04004
Original file (BC-2007-04004.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-04004
            INDEX CODE:  135.02
            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to reflect satisfactory service for the  retirement
year ending (RYE) 26 May 07.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She viewed the Virtual Military Personnel Flight (VMPF) and noticed she  had
not been given credit for a good year.

After some research, she realized the Retention/Retirement  (R/R)  date  she
had been given of 11  August  was  incorrect.   The  USAF  Academy  and  the
Academy Liaison Officer (ALO) web site had been updated with  the  incorrect
date also.

Her commissioning date of 27 May is, in fact, her correct R/R  date.   As  a
result, only the points she earned from 11 Aug 06 to 27 May 07  (10  months)
were counted towards her satisfactory year of  service.   Consequently,  she
had fallen short of a good year by just six (6) points for RYE 26 May 07.

She discussed her situation with several individuals  at  Headquarters,  Air
Reserve Personnel Center (HQ ARPC) and was  informed  points  could  not  be
moved from one year to another without Correction Board action.

In support of her request, the applicant provided a copy of  her  Admissions
Liaison Officer Activity Form, a point credit summary,  and  a  single  unit
retrieval form (SURF) on herself from the  military  personnel  data  system
(MILPDS).

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade  of
captain.  She was released from the Regular Air  Force  on  30  Sep  05  and
assigned to the Non-Obligated,  Non-Participating  Ready  Personnel  Section
(NNRPS) where she remained until 11 Aug 06 when she began  participating  as
an Academy Liaison Officer.

Other relevant facts are contained in the ARPC/DPP opinion at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP recommends denial.  The applicant’s service history was  audited
on 12 Sep 06.  The audit found her R/R date to be 27 May – the date  of  her
commission by the Air Force Academy.  Because  she  was  working  under  the
assumption that her R/R date had changed to the date she started working  as
an ALO (11 August), her R/R year for 27 May 2006 to 26  May  2007  ended  up
being six (6) points shy of the 50 points required for a  satisfactory  year
of service.  DPP states that there is no error or injustice as she was  sent
an assignment order that showed her R/R date as 27 May.

The complete HQ ARPC/DPP evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states she never received a copy of the Special  Orders  dated
12 Sep 06 in the mail or at her unit.  The address listed on the orders  had
not been used for over a  year.   She  states  her  address  on  record  was
correct and that her gaining unit had the correct information on file.

Had she received the Special Orders, either  in  the  mail  at  her  correct
address or from her unit, she would have been aware of the discrepancy  with
the R/R date given to her by Academy and her local  unit.   She  would  have
had plenty of time to clarify the different dates and ensure she earned  the
50 points required for a good year even though she only  had  9  of  the  12
months to accomplish the work.  Had she known, she would  have  arranged  to
have her points completed and she would not have let herself fall  short  (6
points).  She states she was tracking her time based on the R/R date  of  11
Aug, when she joined the ALO program.  If her work was  considered  from  11
Aug 06 to 11 Aug 07, she would have 53 points for a good year.

The applicant’s complete response is at Exhibit D.

_________________________________________________________________




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.  After reviewing the evidence submitted,  we  are
of the opinion  the  applicant  acted  in  good  faith  and  was  under  the
impression she had earned a sufficient number of points  to  have  earned  a
satisfactory year of service.  While we are keenly aware that  the  ultimate
responsibility for ensuring a Reserve member earns a  satisfactory  year  of
service rests with the member, it seems appropriate in this  case  that  the
system bear some responsibility in that she was miscounseled  regarding  her
correct R/R date.  There also appears to be some  confusion  surrounding  an
audit by ARPC of her account and whether or not her correct address  was  on
file as she did  not  receive  the  results  of  the  audit.   Consequently,
because she showed every intention of meeting her  Reserve  requirement,  we
believe that to not award the six  points  would  constitute  an  injustice.
Therefore, we recommend that the records be corrected as indicated below.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is 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 she was credited with an  additional
six (6) non-paid inactive duty points for retention/retirement year 27  May
2006 through 26 May 2007, resulting in  50  total  points;  and,  that  the
period 27 May 2006 through 26 May 2007 is a year  of  satisfactory  Federal
service.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-04004
in Executive Session on 29 April 2008, under the provisions of AFI 36-2603:

      Mr. Gregory A. Parker, Panel Chair
      Mr. James A. Wolffe, Member
      Mr. Joseph D. Yount, Member





All members voted to correct the records,  as  recommended.   The  following
documentary evidence regarding Docket Number BC-2007-04004 was considered:

     Exhibit A.  DD Form 149, dated 2 Dec 07.
     Exhibit B.  Memorandum, ARPC/DPP, w/atch, dated 26 Dec 07.
     Exhibit C.  Letter, SAF/MRBR, dated 11 Jan 08.
     Exhibit D.  Applicant’s Rebuttal, w/atchs, dated 16 Jan 08.




                                   GREGORY A. PARKER
                                   Panel Chair








      AFBCMR BC-2007-04004






      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:


                       The pertinent military records of the  Department  of
the Air Force relating XXXX,
            be corrected to show that for retirement year  ending  (RYE)  26
May 2007, she was
            awarded six (6) non-paid inactive duty training (IDT) points.




                                                             JOE G.
      LINEBERGER
                                                             Director
                                                             Air Force
      Review Board Agency









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