RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02819
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His 12 additional Unit Training Assemblies (UTAs) credited for
Retention/Retirement Year Ending (RYE) Nov 08 be moved to
RYE Nov 09.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
Prior to going on an active duty deployment, he performed
12 Rescheduled UTAs in Oct 08 to be credited in RYE Nov 09 so
that he would receive credit for a year of satisfactory Federal
service in RYE Nov 09 rather than RYE Nov 08.
His request to perform UTAs in advance was carefully planned,
researched, coordinated and approved by all levels of his chain
of command. He requested to complete his UTAs in advance
because of his civilian (federal) employers requirement to send
someone to serve 13 months overseas. He volunteered to serve
this requirement under hostile conditions from 15 Nov 08 thru
Dec 09.
In support of his appeal, the applicant provides a personal
statement; electronic mail correspondence; copies of Reserve
Point Service History, National Guard Bureau (NGB) Form 105S,
Authorization for Individual Inactive Duty Training and various
other documents associated with his request.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
During the RYE 3 Nov 08, the applicant was credited with
1 active duty point, 84 Inactive Duty Training (IDT) points,
15 membership points, totaling 100 points and a satisfactory
retirement year.
During the RYE 3 Nov 09, the applicant was credited with
10 active duty points and 15 membership points, totaling
25 points and an unsatisfactory retirement year.
________________________________________________________________
THE AIR FORCE EVALUATION:
ARPC/DPTS recommends denial stating, in part, that claims of
misunderstanding and conflict with State Department duties
aside, granting this request would be contrary to 10 USC
§12732 expanded in Department of Defense Instruction (DoDI)
1215.7. Moreover, even if the 12 IDTs the applicant performed
in Oct 08 were relocated to RYE 2009, he would still have less
than the 50 retirement points required for a year of
satisfactory service per DoDI 1215.7.
In addition, the applicant did not perform the duty in RYE 3 Nov
09, he performed it in RYE Nov 08. There is no provision in law
brought forward in DoDI 1215.7 to accommodate his request. His
Retention/Retirement date is 4 Nov set on 4 Nov 95 when he
returned to active Reserve status from a 2 May 86 to 3 Nov 95
break in service. This anniversary date was established in
accordance with to 10 USC §12732 and the DoDI 1215.7, paragraph
1.c. To receive the participation credit he requests he would
have been required to perform the duty between 4 Nov 08 and 3
Nov 09.
The complete DPTS evaluation, with attachment, 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 6 Dec 13 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 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 Reserve office of primary responsibility and
adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice. In
view of the above and 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 issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
_________________________________________________________________
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-2013-02819 in Executive Session on 3 Apr 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Jun 13, w/atchs.
Exhibit B. Letter, ARPC/DPTS, dated 18 Nov 13, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 6 Dec 13, w/atchs.
Panel Chair
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