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 applicants
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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