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AF | BCMR | CY2011 | BC 2011 01725
Original file (BC 2011 01725.txt) Auto-classification: Approved
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2011-01725

		COUNSEL:  NONE

		HEARING DESIRED:  YES

________________________________________________________________

THE APPLICANT REQUESTS THAT:

He be credited for pay and points for Unit Training Assemblies 
(UTAs) he completed during the months of Feb, Mar, Apr, and 
May 2008.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

AF Forms 40A, Record of Individual Inactive Duty Training, for 
the months of Feb – May 2008 were not processed for pay and 
point credit after the service was performed.

In support of his appeal, the applicant provides a personal 
statement; copies of AF Forms 40A; Point Credit Service History,  
his disability retirement order, and Special Order No. ACD - 
01208.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant was relieved from active duty and permanently 
retired, effective 20 May 08, with a compensable disability 
rating of 60 percent.  He completed 15 years, 6 months, and 
23 days of active service for retirement, with 36 years, 
7 months, and 23 days of service for pay.

________________________________________________________________

THE AIR FORCE EVALUATION:

ARPC/DPTS recommends approval, stating, in part, the applicant 
participated in good faith after the closing of his assigned 
base.  They provide the following analysis of the case:

      a.  When the Base Realignment and Closure Commission closed 
the base in Milwaukee where the applicant was participating and 
awaiting results of a medical disability retirement, he was 
allowed to participate at the closed location.  

      b.  According to an AF IMT 40A, the applicant participated 
in 16 unit training assemblies (UTAs) during October, November, 
and December 2007 and January 2008.  The paperwork for the 
approved UTAs was never received at the finance office and the 
applicant was never paid for the duty.  Because he was not paid, 
he was not given point credit.

      c.  The applicant's record shows for retention/retirement 
year 1 January 2008 to 20 May 2008, he earned two inactive duty 
training (IDT) points on each day, 9 and 10 January 2008, for a 
total of four IDT points.

      d.  The applicant's record also shows he accumulated 7,186 
total retirement points.

      e.  Under the provision of Title 10, United States Code 
(U.S.C.), Section 1414, eligibility for Concurrent Retirement 
and Disability Pay (CRDP) is established during any month in 
which a member or former member is entitled to retired pay and a 
50% (or higher) rated disability from the Veterans 
Administration (VA).  Entitlement to retired pay is established 
by obtaining 20 years of service, not a particular number of 
retirement points. Since the applicant completed only 15 years, 
6 months, and 24 days of Total Active Federal Military Service 
(TAFMS), he's not eligible for immediate CRDP.  However, he has 
completed 20 years of satisfactory service and is therefore 
entitled to CRDP on 8 May 2013, his 60th birthday.  The Defense 
Finance and Accounting Service-Cleveland Center (DFAS-CL) is 
responsible for establishing all CRDP payments.

The complete ARPC/DPTS evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

The applicant agreed with the recommendation to grant his 
request; however, he noted that there was an obvious mistake in 
the advisory’s recommendation and that the months mentioned 
should be Feb, Mar, Apr, and May 2008 vice Oct, Nov, Dec 2007 
and Jan 2008.

The applicant’s complete response is at Exhibit E.

________________________________________________________________

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 Air Force office of primary 
responsibility has adequately addressed the issues presented by 
the applicant and we are in agreement with its recommendation to 
grant the requested relief.  However, we note, as pointed out by 
the applicant, that the dates of his participation reflected in 
the OPR’s opinion are incorrect  As such, we recommend the 
applicant be entitled to an additional 16 paid inactive duty 
training points for a partial year of credit during the 
Retention/Retirement Year ending 20 May 2008.  Accordingly, we 
recommend the applicant’s record be corrected to the extent 
indicated below.

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 issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that for 
Retention/Retirement Year 1 January 2008 through 20 May 2008 he 
was credited with an additional sixteen (16) paid inactive duty 
training (IDT) points resulting in 26 total points; and, this 
period was a partial year of satisfactory Federal service.

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2011-01725 in Executive Session on 15 November 2011, 
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 5 May 11, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPTS, dated 11 Aug 11.
     Exhibit D.  Letter, SAF/MRBR, dated 26 Aug 11.
     Exhibit E.  Letter, Applicant, dated 30 Aug 11.




                                   Panel Chair

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