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AF | BCMR | CY2010 | BC-2010-00398
Original file (BC-2010-00398.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00398 

 INDEX CODE: 135.02 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect an additional two non-paid 
inactive duty points and six paid inactive duty training points 
and satisfactory service for retirement year ending (RYE) 
5 September 1990. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

In January 1990, he transferred from the Texas Air National 
Guard (TX ANG) to an individual mobilized augmentee (IMA) status 
as a result of becoming a solo urologist in a medically unserved 
area. Due to the need to provide full-time call availability to 
his patients, he found he had significant difficulty meeting his 
IMA requirements and decided to request discharge in June-July 
1990. 

 

His conversations in January and June 1990 lasted well over four 
hours on both occasions and one point of non-paid inactive duty 
training was requested. 

 

He believes he served two consecutive days at the XX AFB USAF 
Hospital in April, May, and June 1990, instead of the one day of 
training credited. 

 

He does not remember receiving a copy of his AF Form 526, ANG/USAFR Point Credit Summary, after it was generated in 1990. 
On 13 July 2009, he requested copies of his Leave and Earnings 
Statements (LES) from July 1989 through October 1990; however, 
they were not received until mid-December 2009. 

 

There was no way for him to discover the error between his 
separation in 1990 and his return to the Air Force in February 
2008. 

 

In support of his request, the applicant provides copies of a 
letter from the Defense Finance and Accounting Service (DFAS), 
with attachments; LES, facsimile, dated 13 July 2009; and an 
AF Form 526. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant tendered his resignation and was discharged from 
the TX ANG on 12 October 1990. He returned to the Air Force 
Reserve on 25 February 2008 and is presently serving in the 
grade of colonel. 

 

Other relevant facts are outlined in the HQ ARPC/DPP evaluation 
which is at Exhibit B. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ ARPC/DPP recommends denial. DPP states the applicant’s 
active duty Regular and Reserve service history was re-audited 
in accordance with Air Force Manual 36-8001, Reserve Personnel 
Participation and Training Procedures, Table 2.4. During the 
period prior to his civilian break, the start date of his 
retirement year was established as 2 June. The re-audit caused 
a realignment of participation dates and points within the 
retention/retirement (R/R) year for the period he was in the TX 
ANG, eliminating the unsatisfactory year of service. The 
re-audit also resulted in an increase of eight months and 
26 days of satisfactory service, without any unsatisfactory 
years. The civilian break re-establishes the R/R date as 
25 February. 

 

Further, the pay records do not substantiate the claim for the 
second day of the unit training activities (UTAs). The pay 
record and point summary shows the applicant received pay and 
two points each for 6 April and 1 June 1990. The point credit 
summary shows he received two non-paid points for 12 May 1990. 

 

The applicant resigned stating he was unable to meet the 
training goals. Therefore, he was tracking his requirements. 
He is requesting inactive duty training points based on his 
memory of events ten years ago. The pay records do not support 
his claims. Normally, UTAs are submitted together on the same 
form. The pay office does not usually process one UTA day and 
not the second. Documentation does not exist for the non-paid 
inactive duty. Since the service history was re-audited, the 
unsatisfactory retirement year in question no longer exists. 

 

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

 

_________________________________________________________________ 

 


APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 24 March 2010 for review and comment within 30 days 
(Exhibit C). As of this date, this office has not received a 
response. 

 

_________________________________________________________________ 

 

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. Therefore, in the 
absence of evidence to the contrary, we find no 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. 

 

_________________________________________________________________ 

 

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 Docket Number 
BC-2010-00398 in Executive Session on 17 June 2010, under the 
provisions of AFI 36-2603: 

 

 Mr. XXXX, Panel Chair 

 Mr. XXXX, Member 

 Mr. XXXX, Member 

 


The following documentary evidence was considered for Docket 
Number BC-2010-00398: 

 

 Exhibit A. DD Form 149, dated 25 Jan 10, w/atchs. 

 Exhibit B. Letter, HQ ARPC/DPP, dated 15 Mar 10, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 24 Mar 10. 

 

 

 

 

 XXXX 

 Panel Chair 

 

 



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