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 applicants 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 advisorys recommendation and that the months mentioned
should be Feb, Mar, Apr, and May 2008 vice Oct, Nov, Dec 2007
and Jan 2008.
The applicants 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 OPRs 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 applicants 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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