RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01044
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His decorations be recorded in his records.
2. He be credited with points for his correspondence courses.
3. His receive credit for his New Jersey (NJ) Air National
Guard (ANG) service.
4. His Reserve Component Survivor Benefit Plan (RCSBP) premiums
be stopped.
5. He be promoted to the rank of master sergeant (MSgt).
______________________________________________________________
APPLICANT CONTENDS THAT:
His time in the NJ ANG has been disregarded.
In support of his request, applicant provides documents
extracted from his military personnel records and several other
documents associated with his requests.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the United States Army (USA) and the
United States Army Reserve (USAR) from 20 May 1954 to 30 April
1962; the NJ ANG from 21 October 1967 to 20 October 1980 and the
United States Air Force Reserve (USAFR) from 12 March 1981 to
30 June 1990. He transferred to the retired Reserves on 1 July
1990. He completed 20 years, 11 months and 28 days of
satisfactory service; 33 years, 9 months and 20 days of service
for basic pay and accrued a total of 2,675 retirement points.
The applicant has been receiving Reserve retired pay since his
60th birthday (21 January 1994).
His retired pay is based on 2,680 retirement points and over 33
years of service for basic pay in the grade of technical
sergeant.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1POE recommends denial of his request for additional
decorations. A1POE states that after reviewing the information
submitted they do not find evidence the decorations he received
while serving as a member of NJ ANG were not properly recorded
on his NGB Form 22, Report of Separation/Discharge and Record of
Service. If the applicant has documentation that proves a
correction to the NGB Form 22 is necessary, the NJ ANG can issue
an NGB Form 22a to administratively correct the DD Form 214.
The complete A1POE evaluation is at Exhibit B.
NGB/A1PS concurs with the subject matter expert and recommends
denial.
The complete A1PS evaluation is at Exhibit C.
ARPC/DPP recommends denial. DPP states that in order to be
credited with a year of satisfactory service, a member must
participate and earn a minimum of 50 points in a specific one
year period. The maximum points allowed per year are 365.
There are no extra points credited for being an Air Reserve
Technician (ART) and his points are correct. Since he did not
identify which AF Form 526 needs to be updated, DPP reviewed his
records and determined he has been properly credited with
service and retirement points so there is nothing to correct on
any of his AF Forms 526. His courses were properly credited,
the confusion may be with some of the training courses he
completed. He submitted copies of certificates showing
completion of some career development courses (CDCs). The CDCs
are required training; however, they are not Extension Course
Institute (ECI) courses and he is not authorized retirement
points upon completion. DPP has had numerous conversations with
him regarding his retirement related issues, they have also
responded to his concerns by letter. He does not understand how
points and service are credited. DPP has asked for
documentation verifying his claims; however, he continues to
provide copies of documents he has already submitted.
RCSBP premiums are paid out of retired pay; the earliest a
Reserve retirement could meet the requirements for paid-up SBP
would be age 90. He meets the minimum age requirements but not
the requirement of having paid 360 SBP premium payments;
therefore, he is not eligible to have the premiums stopped at
this time.
The complete DPP evaluation, with attachments, is at Exhibit D.
ARPC/DPB recommends denial of his request for promotion to MSgt.
DPB states the applicant held a higher graded billet, had the
required seven skill level in his Air Force Specialty Code
(AFSC) and had more than 24 months time in grade (TIG) and 8
years satisfactory service for retirement. However, he did not
meet the requirements of satisfactory participation (12 active-
duty training days and 24 inactive duty training periods) or
received a recommendation for promotion from his supervisor. He
only achieved 10 inactive training points; 4 in December 1987
and 6 in February 1988. This resulted in an unsatisfactory year
for retirement purposes for the retirement year ending 11 March
1988. With such an inadequate amount of participation, his
supervisor would have had difficulty making a recommendation for
promotion. Promotion is not a reward for long and faithful
service, rather it is advancement to a higher grade based on
past performance and future potential. He did not meet the
training requirements for the supervisory recommendation for
promotion. His very low participation rate did not express
future potential as outlined in the regulation.
The complete DPP evaluation, with attachments, is at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and provided copies
of documents associated with the events cited in his appeal.
The applicants review, in its entirety, is at Exhibit F.
________________________________________________________________
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. After a
thorough review of the available evidence and the applicants
complete submission, we find no evidence that his decorations
were not properly recorded on his NGB Form 22, or do we find
evidence showing that his records should be corrected to show he
was promoted to any grade higher than that currently reflected.
The available evidence of record does not support a finding that
he was not properly credited with all his service and or
retirement points. With respect to his request to have his
RCSBP premiums stopped, as previously stated by the Air Force
OPR, he has not met the requirement of having paid 360 SBP
premium payments and therefore, he is not eligible to have the
premiums stopped at this time. Therefore, we agree with the
opinions and recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion the applicant has not been the victim of an error or
injustice. In the absence of evidence to the contrary, we find
no compelling basis to recommend granting the relief sought in
this application.
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.
________________________________________________________________
RECOMMENDATION OF THE BOARD:
The applicant be notified that the evidence presented did not
demonstrate the existence of an 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 BC-2009-01044 in
Executive Session on 2 September 2009 and 18 September 2009
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2009-01044 was considered:
Exhibit A. DD Form 149, dated 8 March 2009, w/atchs.
Exhibit B. Letter, NGB/A1POE, dated 8 June 2009.
Exhibit C. Letter, NGB/A1PS, dated 22 June 2009.
Exhibit D. Letter, ARPC/DPP, dated 13 July 2009, w/atchs.
Exhibit E. Letter, ARPC/DPB, dated 13 July 2009, w/atch.
Exhibit F. Letter, SAF/MRBR, dated 24 July 2009.
Panel Chair
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