RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04147


			COUNSEL:  NONE

			HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He receives 18 participation points for the 
retention/retirement year period of 25 September 2010 through 
24 September 2011.

2.  He receives 41 participation points for the 
retention/retirement year period of 25 September 2011 through 
24 September 2012.  

________________________________________________________________

APPLICANT CONTENDS THAT:

1.  On 4 October 2010, he transferred from the Air Force (AF) 
Reserve to the Air National Guard (ANG).  He swore in on 
7 October 2010, and started performing military duty as a C-l30 
Navigator shortly thereafter.  On 13 December 2010, he was 
informed that the Air National Guard Bureau noticed an issue 
with his transfer package and moved him to a “gray area” status 
until the issue was resolved.  On 20 December 2010, his ANG 
unit’s Chief of Personnel informed him that until the issue was 
resolved, he would not be able to participate in the ANG.  The 
Chief of Personnel thought they would write an exception to 
policy letter to their State Headquarters and request that he be 
allowed to remain in the ANG as an active member receiving pay 
and points.  

2.  In January 2011, despite being in a “gray area” and his 
transfer issue not yet resolved, he was informed that he was 
eligible to be submitted to the next Lieutenant Colonel (Lt Col) 
promotion selection board.  Work continued on his exception to 
policy letter and on 22 June 2011, he was informed that he was 
promoted to Lt Col, effective 1 October 2011.  The personnel 
department decided that he should transfer back to the AF 
Reserve and then return to the ANG after 1 October 2011, as a Lt 
Col.  On 27 July 2011, he was transferred back to the AF Reserve 
but was unable to perform duty due to the original transfer 
error that was still being resolved.  

3.  On 1 October 2011, the ANG personnel section informed him 
that their State Headquarters ruled that he would not be allowed 
to join the ANG and that he was being assigned to the Individual 
Ready Reserve (IRR) in Denver, Colorado.  He petitioned the AF 
Reserve to allow him to stay assigned with them but they refused 
stating that the ANG hired and promoted him and that he needed 
to stay with the ANG for the remainder of his career, or retire.  
In February 2012, he started working with an AF Reserve 
recruiter to find a position.  The recruiter immediately located 
two Lt Col positions at his former unit where he had spent 
nearly 24 years.  They were willing to bring him back to fill a 
shortage of qualified experienced navigators but an issue arose 
with the Operations Group Commander and he denied his rehire 
request.  

4.  In April 2012, he channeled a request to higher AF Reserve 
authorities and his local congressional representative for their 
thoughts on the matter.  Shortly thereafter, he interviewed with 
the wing commander of his previous AF Reserve unit and was 
rehired.  On 7 July 2012, he attended a weekend Unit Training 
Assembly (UTA), his first military duty in over a year.  

In support of his request, the applicant submits a personal 
statement, his NGB Form 22, Department of the Army and Air Force 
National Guard Bureau Report of Separation and Record of 
Service, copies of his point credit reports.  

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in 
the grade of Lieutenant Colonel.  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit B.  

________________________________________________________________

AIR FORCE EVALUATION:

1.  ARPC/DPTS recommends approval.  DPTS states there is no 
clear evidence or requirement that the applicant should have 
been assigned to a non-participating status while the Air 
National Guard reviewed his situation.  Moreover, he was given a 
green light during this time to perform duty as an Air Force 
Admissions Liaison Officer (ALO).  

2.  On 10 August 2011, the applicant was separated from the Air 
National Guard (ANG) and assigned to the Non-obligated Non-
Participating Ready Personnel Section for failure to obtain a 
conditional release per AFI 36-3209, paragraph 2.3.2.  Since he 
was assigned to a non-participating status, he was not permitted 
to earn points.  During the time the applicant claims he was not 
permitted to perform duty, he offered proof that he served as an 
ALO.  He provided documentation that he performed non-paid 
inactive duty from 26 November 2010 to 26 May 2012.  However, 
the eleven non-paid inactive duty points he earned were not 
sufficient to complete satisfactory years of service for 
24 September 2011 and 24 September 2012.  

The complete ARPC/DPTS evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his request, the applicant submits a 
letter dated 6 March 2014, that states he concurs with the 
ARPC/DPTS recommendation.  

The applicant’s complete response is at 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 to warrant 
relief.  We took notice of the applicant's complete submission 
in judging the merits of the case and we agree with the opinion 
and recommendation of the Air Force office of primary 
responsibility that correction of the applicant’s participation 
points and service credit is warranted.  Accordingly, we 
recommend that his records be corrected to the extent 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:

	a.  He was awarded eighteen (18) additional non-paid 
inactive duty training points for retention/retirement year 
25 September 2010 through 24 September 2011, resulting in 50 
total points; and the period 25 September 2010 through 
24 September 2011, is a year of satisfactory Federal service.  

	b.  He was awarded nine (9) additional non-paid inactive 
duty training points for retention/retirement year 
25 September 2011 through 24 September 2012, resulting in 50 
total points; and the period 25 September 2011 through 
24 September 2012, is a year of satisfactory Federal service.  

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 22 April 2014, under the provisions of 
AFI 36-2603:

			, Panel Chair
			, Member
			, Member


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-04147 was considered:

    Exhibit A.  DD Form 149, dated 27 August 2013, w/atchs.
    Exhibit B.  Letter, ARPC/DPTS, dated 22 October 2013, 
w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 28 February 2014.
    Exhibit D.  Letter, Applicant, dated 6 March 2014.