RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00728
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His records be corrected to reflect his entitlement to pay and
points for the period he was denied participation.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was denied participation while pending an administrative
discharge board (ADB) review. However, the ADB determined based
on a preponderance of the evidence he be retained in the Air
Force Reserve.
In support of his appeal, the applicant submits the findings of
the ADB and other supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants records reflect an ADB was initiated
3 February 2008. During this period, he was denied
participation for pay and points due to an administrative
discharge action for testing positive pursuant to a random
urinalysis for the period 3 February 2008 through
11 February 2009. The applicant requested a hearing before the
discharge board which subsequently found he had not wrongfully
used marijuana. The ADB determined the applicant should be
retained in the Air Force Reserve and he was able to resume
participation.
The applicants participation records reflect during
Retention/Retirement (R/R) Year 8 October 2007 through
7 October 2008, he was credited with 35 active duty (AD) points,
16 paid inactive duty training (IDT) points, and 15 membership
points and a total of 66 points towards retirement. During his
R/R year 8 October 2008 through 7 October 2009, he was credited
with 66 AD points, 66 IDT points, and 15 membership points, a
total of 147 points towards retirement.
________________________________________________________________
THE AIR FORCE EVALUATION:
HQ AFRC/A1K recommends the applicant be awarded points for the
time he was denied participation pending an ADB action.
Additionally, the ADB recommended retention and the AFRC/CV
directed the applicant be retained in the Air Force Reserve.
They recommend the applicant be awarded 32 paid IDT points for
Retirement Year Ending (RYE) 7 October 2008 and 20 paid IDT
points for RYE 7 October 2009.
The complete AFRC/A1K evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 15 May 09 for review and comment within 30 days.
As of this date, no response has been received by this office
(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 error or injustice warranting
corrective action. The applicant requests pay and points for
the period he was denied participation as a result of a pending
ADB hearing 3 February 2008 and 11 February 2009. After a
thorough review of the facts and circumstances of this case, we
agree with the recommendation of the Air Force Reserve office of
primary responsibility to credit the applicant with service
points during the period he was denied participation. In order
to provide the applicant appropriate relief, we recommend his
records be corrected as 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 an additional 28 paid inactive duty
training points during the Retention/Retirement Year
8 October 2007 through 7 October 2008 resulting in 94 total
points; and, the period 8 October 2007 through 7 October 2008 is
a year of satisfactory Federal service. In addition, he be paid
the daily rate of per diem for four days at the grade of E-7.
b. He was awarded an additional 20 paid inactive duty
training points for Retention/Retirement Year 8 October 2008
through 7 October 2009, resulting in 167 total points, and, the
period 8 October 2008 through 7 October 2009 is a year of
satisfactory Federal service.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2009-00728 in Executive Session on 10 November 2009,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Feb 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/A1K, dated 5 May 09, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 15 May 09.
Vice Chair
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