RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02213
            INDEX CODE:
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to include 308 retirement points for  funeral  honor
guard participation from 1998 to 2000.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not know that Guardsmen and Reservists received  one  point  for  the
performance of Military Funeral Honors.  He was part of a  full  time  Honor
Guard organized in 1998.  Pay was based on rank and  a  separate  check  was
issued for expenses.  He was not on military orders from  the  Air  National
Guard (ANG).  He wore the Air Force Honor Guard uniform  for  funeral  duty.
Any Guard or Reserve member on orders would have received one point.   As  a
member of the Maryland National Guard  Honor  Guard,  he  met  the  criteria
mandated by Congress in 2000  when  legislation  was  passed  requiring  the
Department of Defense to provide funeral honors for all  military  veterans,
making this military function congressionally and state mandated.  The  crux
of the issue which has been denied by the  Air  Force  Personnel  Center  is
that he was not serving in the “standard” model  for  receiving  points  for
service.

After his first attempt to procure retirement points based on the  new  law,
the HQ ARPC  technician  never  mentioned  any  additional  recourse  and/or
appeal.  He did not follow up because he  knew  it  would  not  be  relevant
until his retirement.  He was later provided  his  original  request  letter
and asked for actual pay statements.  He was told that  the  pay  statements
and additional documentation did not adequately  provide  the  “exact”  days
but a range of days from the first to the last day served.  The  information
was deemed inadequate.   He  subsequently  requested  additional  employment
confirmation from the State of Maryland.

His Honor Guard performance was unique as it  does  not  meet  the  standard
situation where an order is cut for a Guard or Reserve member;  however,  at
the time, he was serving in the Air National Guard and required  to  perform
duty at funerals.  He should receive the points earned.

In support of his application, the applicant submits a memorandum  from  the
State of Maryland with  attachments,  electronic  mail  message,  employee’s
earnings  statements,  letter  from  the  Comptroller   of   Maryland   with
attachments, and fax cover sheets.

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

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant is currently serving as an Air  Force  Reservist  in
the grade of technical sergeant (TSgt).   His  Expiration  Term  of  Service
(ETS) date is 31 Dec 08.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP recommends denial.  DPP states the  applicant  contracted  as  a
civilian with the State of Maryland to participate in the state honor  guard
while serving in the Maryland Air National Guard.  He participated  for  308
days between Oct 1998 and Aug 2000.  He was paid for his duty by  the  State
of Maryland based on his military rank and received  a  separate  pay  check
for expenses.  Although he performed his funeral duty  in  uniform,  he  was
not on orders.

DPP notes the applicant was not on active duty orders and  did  not  provide
inactive duty documentation  to  show  unit  authorization  of  honor  guard
participation.  He performed this duty as a civilian on  his  own  time  and
received  payment  from  the  State  of  Maryland  for  his  services.   The
contractual agreement  was  completed.   He  was  not  in  duty  status  and
therefore cannot receive participation points for retirement.

The complete DPP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11  Jul
08 for review and comment within 30 days.  As of this date, this office  has
received no response (Exhibit C).

_________________________________________________________________



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  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.   Title  32,
of the United States Code, requires  that  ANG  members  performing  funeral
honors be on orders in order to receive service credit.  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  BC-2008-02213  in
Executive Session on 17 Dec 08, under the provisions of AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Mr. Jeffrey R. Shelton, Member
      Ms. Karen A. Holloman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Letter, HQ ARPC/DPP, dated 7 Jul 08.
    Exhibit C.  Letter, SAF/MRBR, dated 11 Jul 08.



                                   JAMES W. RUSSELL III
                                   Panel Chair