DOCKET NUMBER: BC-2012-02524
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
He be credited with nonpaid points during the period Feb 10
through Aug 10 (sic) in lieu of his regularly monthly scheduled
unit training assemblies (UTAs).
________________________________________________________________
APPLICANT CONTENDS THAT:
He commander did not excuse his monthly scheduled UTAs that he
was unable to perform due to an injury he incurred while at his
civilian employment. His injury required surgery and a six
month recuperation period. This credit would enable him to
retire in 2013 rather 2014.
In support of his appeal, the applicant provides copies of a
letter from the Department of Veterans Affairs; his civilian
medical provider, and a work release identifying his ability to
return to work, dated 22 Aug 11.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the available records, for Retirement Year Ending (RYE)
9 Sep 11, the applicant was credited with 5 active duty (AD)
points, 18 inactive duty training (IDT) points, and
15 membership points and a retirement point total of 38 points.
________________________________________________________________
THE AIR FORCE EVALUATION:
NGB/A1PS recommends denial, they found no error or injustice nor
did the applicant provide any evidence to support his claim.
In this respect, NGB/A1PP notes, in accordance with ANGI 36-
2001, Management of Training and Operational Support Within the
Air National Guard, paragraph 6.3.6. Satisfactory Performance:
6.3.6. 1. Members must be physically and mentally capable of
performing UTA duty. Commanders are responsible for informing
all personnel of their respective units that each member must
report any physical or mental condition that might impair their
performance of duty before they start any UTA. If the physical
or mental ability of a member is questionable the professional
opinion of qualified military medical personnel and evaluation
for performance of such training should be obtained.
6.3.6.2. Unit commanders may grant excused absences to
individuals who miss a UTA. Members must be excused in writing
even if the missed UTA will not be performed in a Rescheduled
UTA (RUTA), a Split UTA (SUTA), or Equivalent training (EQT)
status. No more than 4 UTA periods may be made up in a paid EQT
status in any fiscal year.
6.3.7. With the commander's approval, unexcused absences may be
made up for retirement points only. No pay entitlement accrues
to an individual making up an unexcused absence.
The applicant did not provide any documentation to show a
professional opinion of a qualified military medical personnel
and evaluation for performance was accomplished as required in
accordance with ANGI 36-2001. The military medical professional
would have accomplished an AF Form 469, Duty Limiting Condition
Report and AF Form 422, Notification of Air Force Member's
Qualification Status.
The member could have submitted this documentation to his
commander requesting an excused absence from UTA weekends due to
his medical condition. With the commander's approval the
unexcused absences could have been made up for retirement points
only. No evidence was provided by the member to show he
complied with the provisions of this instruction.
The complete NGB/A1PS evaluation, with attachments, is at
Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 30 Aug 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit C).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
2
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 NGB 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.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2012-02524 in Executive Session on 15 November 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 May 12, w/atchs.
Exhibit B. Letter, NGB/A1PS, dated 23 Jul 12, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 30 Aug 12.
Panel Chair
3
AF | BCMR | CY2011 | BC-2011-02176
In support of his appeal, the applicant submits a personal statement; copies of his active duty orders; DD Forms 214, Certificate of Release or Discharge from Active Duty, ending 13 Sep 07 and 3 Sep 10, respectively; AF IMTs 348, Line of Duty Determination, and other supporting documents from his military personnel and servicemember medical records. EXAMINER NOTE: The applicant responded to the Air Force evaluation and provided the required AF Form 469 and copies of AF Forms 422 and A1PS...
AF | BCMR | CY2012 | BC-2012-03670
Members may be discharged when the member has accumulated nine or more unexcused absences from UTA within a 12-month period. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 26 November 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit D). We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the...
AF | BCMR | CY2011 | BC-2011-04184
A1POE states, in accordance with the applicants point credit summary, he did not participate in enough UTA days from his initial enlistment date of 20 Sep 2008 to the date of the erroneous discharge, on 1 Aug 2010. ________________________________________________________________ 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;...
AF | BCMR | CY2011 | BC-2011-04827
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04827 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code 6H, which denotes Pending Discharge in accordance with ANGR 39-10 Involuntary (ANG Only), be removed from his records. The remaining relevant facts pertaining to this application, extracted from the...
AF | BCMR | CY2012 | BC-2012-03031
JA states that based on the facts presented in the NGB opinions, JA finds their responses to be legally sufficient and concurs with the recommendations to deny the applicant's requests for corrective action related to ACP payments, Board# V0611A, AGR separation from ANG Selective Retention Review Board (SRRB) consideration, and TERA. Counsels complete response is at Exhibit N. _______________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: NGB/A1PF...
AF | BCMR | CY2009 | BC 2009 01152
On 5 October 2005, his commander signed a Notification of Intent to Discharge letter and recommended he be discharged with a general discharge. IAW AFI 36-3209 Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, a member is discharged for unsatisfactory participation when the commander concerned determines a member has no potential for useful service under conditions of full mobilization. ...
AF | BCMR | CY2008 | BC-2007-01525
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01525 INDEX CODE: 100.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Although the applicant is requesting his DD Form 214 be amended, it appears he is actually requesting his NGB Form 22, Report of Separation and Record of Service, issued in conjunction with his 9 September 1990 separation...
AF | BCMR | CY2012 | BC-2012-02900
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility which are included at Exhibits C, D, and E. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PP recommends denial of the applicants request for promotion to Master Sergeant, indicating there is no evidence of an error or injustice. ANGI 36-2502, Promotion of Airman, states Prior to promotion to any...
AF | BCMR | CY2012 | BC-2012-02146
He made every attempt to work with his assigned ANG unit to receive the required points, but was informed that he would not be able to conduct any drill days because he didnt display a commitment and clear understanding of how he wanted to proceed as a member of the ANG. The POC of the previous unit notified the applicant that the unit commander inquired and found no slanderous comments made about the applicant between the two units. Leadership noted that ADLS was not required at the...
AF | BCMR | CY2011 | BC-2011-03451
________________________________________________________________ THE AIR FORCE EVALUATION: NGB/A1PS recommends his NGB Form 22 be changed to reflect a medical separation and denial of a change to the RE code. The complete NGB/A1PS evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant/counsel on 18 Nov 11 for review and...