RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01285
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be credited with an additional 23 days of active duty for pay
and points.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
Through no fault of his own; after completing 23 days of active
duty, he was not credited with pay or points due to
administrative problems resulting from his transfer from the Air
National Guard to the Air Force Reserve.
The applicant was advised by the Reserve unit officials and the
Base Individual Mobilization Augmentee Administrator (BIMAA)
that he would be able to stay on orders and be paid for his
participation. However, he was later advised by his gaining
major command that he could not be paid.
He filed a complaint through the Inspector General office;
however, they advised the applicant that the gaining unit
completed their actions in accordance with proper guidelines and
directives.
In support of his appeal, the applicant provides a personal
statement; copies of his Leave and Earnings Statements (LESs);
email correspondence, and other supporting documents and
computer printouts.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the available records, the applicant was conditionally
released from the ANG, on 30 May 2010 and transferred to the Air
Force Reserve, effective 31 May 2010. The applicants
AF Form 526, Air National Guard/Air Force Reserve Point Credit
Summary, reflects the applicant completed the following: During
Retention/Retirement (R/R) Year Ending 3 Aug 10, he was credited
with 318 active duty (AD) points, 64 inactive duty training
(IDT) points and 15 membership points, with a total 397 points,
and 365 retirement points.
The applicants LES reflects that he has a debt of $1742.25 for
the period of 1 15 Jun 10.
In addition, his LES reflects that he was paid and credited for
the following training periods:
16 29 Jun 10 AD
30 Jun 11 Jul 10 IDT
1 15 Aug 10 AD
On 9 Sep 10, the Wing Inspector General (IG) dismissed the
applicants claim, noting that AFNWC/DP followed Air Force
procedures and regulations and is unable to pay him for any
mandays worked prior to his status changing and his records
transferring to the Reserve system. In addition, they noted:
1) He was not eligible to work mandays until both his
Physical Training (PT) and medical records were in the Reserve
system;
2) Not all of the required actions were complete at the
time he worked the mandays referenced in his complaint;
3) He was awarded points for some of the mandays
referenced in his complaint.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFRC/A1K recommends denial, stating, in part, that they agree
with the Wing IG. Additionally, they noted that the applicant
failed to specify exactly what dates of duty he performed.
The complete AFRC/A1K evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 29 Jul 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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
partial relief. The applicant contends he was not credited with
pay or points for 23 days of active duty he served due to
administrative problems with his transfer from the ANG to AFR.
The Air Force Reserve office of primary responsibility agrees
with the Kirtland AFB IG office that the applicant was not
eligible to work mandays until his PT and medical records were
in the reserve system. However, the evidence of record reveals
the applicant was gained from the ANG to RMG Det 13 effective
31 May 10. The Command Manday Allocation System (CMAS)
authorization was received 6 Aug 10, requesting MPA for the
period of 31 May 10 to 30 Sep 10. Consequently, it appears that
due to no fault of the applicant, he served additional days of
what he believed to be paid active duty days in good faith and
was never advised he was not eligible until after the fact. In
view of the above, we believe the applicant has established
reasonable doubt that the circumstances surrounding his active
duty tour were through no fault of his and elect to resolve any
doubt in this matter in favor of the applicant.
Notwithstanding, the above, while the applicant requests
23 additional days of active duty, it appears that he was
afforded an alternative resolution which resulted in him
receiving a total of 365 retirement points for the retirement
year ending 3 Aug 10. As such, we believe that rather than
awarding the applicant the 23 additional days he has requested,
awarding an additional 15 days of active duty will provide him
full and fitting relief. While the applicant will not gain
additional points for retirement, his record will reflect active
duty for the period of 115 Jun 10. Therefore, we recommend the
applicants record be corrected as indicated below.
________________________________________________________________
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 4 August 2009 through 3 August 2010 he
be credited with an additional fifteen (15) paid active duty
(AD) points for the period from 1 15 June 2010; resulting in
333 active duty points; sixty-four (64) inactive duty training
(IDT) points; and fifteen (15) membership points, and that this
period was a year of satisfactory Federal service.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01285 in Executive Session on 1 December 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 31 Mar 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/A1K, dated 21 Jul 11.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 11.
Panel Chair
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