RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05693
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His be awarded 33 non-paid retirement points for Retirement Year
Ending (RYE) 17 Dec 12, to achieve a satisfactory year toward
retirement.
APPLICANT CONTENDS THAT:
He was in a Worldwide Duty (WWD) evaluation status for medical
reasons that prohibited him from attaining a good year through
participation in 2012.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 14 Nov 73, the applicant enlisted in the Regular Air Force.
On 13 Nov 77, he was honorably discharged and credited with
4 years of total active service.
On 8 Dec 99, the applicant enlisted in the California Air
National Guard (ANG). On 28 Apr 00, he was transferred to the
Air Force Reserve and is currently serving in the grade of staff
sergeant (E-5).
According to an AF Form 469, Duty Limiting Condition Report,
provided by the applicant, dated 13 Feb 12, he had a non-duty
medical condition that required a WWD evaluation. He was not
authorized to participate for pay and points until disposition
of the WWD evaluation. These limitations expired on 12 Feb 13.
According to the applicants Service History, dated 10 Jan 14,
he was credited with 15 membership points and 2 Inactive Duty
Training (IDT) points for a total of 17 points for RYE 17 Dec
12. He currently has 17 years of satisfactory service.
AIR FORCE EVALUATION:
ARPC/DPTS recommends denial indicating there is no evidence of
an error or an injustice. The applicant was restricted from
participating from 13 Feb 12 to 25 Mar 13 but not from 18 Dec
11 to 12 Feb 12. He could have used this time to earn the
33 non-paid points he needed to complete a satisfactory years of
service for RYE 17 Dec 12. However, the applicant failed to
complete a year of satisfactory service per DoDI 1215.07,
Service Credit for Reserve Retirement, Enclosure 3, paragraph
1a.
The complete DPTS evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In a letter dated 18 Feb 14, the applicant asserts that it was
mathematically impossible for him to perform enough points from
mid Dec 11 to mid Feb 12 as a traditional reservist to satisfy
as a good year. The December drill occurred before his
retention retirement date and the January drill was excused and
no makeup remedy was offered after the February drill. He
entered medical evaluation status in Feb 12 through the RYE date
in Dec 12. Additionally, there was no way to know in advance
that he would need the points in Feb 12. There was never an
opportunity based on the needs of the Air Force in his unit for
him to perform active duty days in that timeframe. His current
contract date is being extended to 30 Dec 14 and no extensions
or waivers will be filed on his behalf due to his high year
tenure. Therefore, he is trying to reach retirement (Exhibit
E).
In a letter dated 18 Sep 14, the applicant requested a Personal
Appearance Hearing (Exhibit F).
In a another letter dated, 6 Oct 14, the applicant provided
additional clarification of his request indicating that he is
willing to give up the 33 points needed for RYE 17 Dec 12 from
any other past period the Board deem appropriate. Additionally,
he asserts that on 17 Dec 14, he is projected to have 19 good
years of service and provided an updated ANG/USAFR Point Credit
Summary
The applicants complete response with attachments is at Exhibit
G.
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 an error or injustice. The
applicant contends his medical status prohibited him from
attaining a satisfactory year in 2012. We note the comments of
DPTS indicating the applicant could have earned the 33 non-paid
points needed to complete a satisfactory year between 18 Dec
11 and 12 Feb 12. However, after a thorough review of the
evidence of record, we believe corrective action is warranted.
In this respect we note the applicant provides an AF Form 469,
dated 13 Feb 12, that indicates he had a non-duty medical
condition that required a WWD evaluation. Consequently, he was
not authorized to participate for pay and points until
disposition of the WWD evaluation in Feb 13. By the time his
WWD evaluation status expired, he was no longer able to qualify
for retirement due to his HYT. Given the only year the
applicant did not receive a satisfactory year of service since
Dec 98 was when he was in a WWD evaluation status, we find it in
the interest of justice to recommend relief. Therefore, we
recommend his record be corrected to show that he was credited
with an additional thirty-three (33) non-paid Inactive Duty
Training (IDT) points resulting in 50 total points for RYE
17 Dec 12. Accordingly, we recommend his records be corrected
as indicated below.
4. The applicants 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 issues 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 18 Dec 11 through 17 Dec 12 he was
credited with an additional thirty-three (33) non-paid Inactive
Duty Training (IDT) points resulting in 50 total points; and,
this period was a year of satisfactory Federal service.
The following members of the Board considered AFBCMR Docket
Number BC-2013-05693 in Executive Session on 9 Oct 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Dec 13, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records
Exhibit C. Letter, ARPC/DPTS, dated 13 Jan 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 24 Jan 14.
Exhibit E. Letter, Applicant, dated 18 Feb 14.
Exhibit F. Letter, Applicant, dated 18 Sep 14.
Exhibit G. Letter, Applicant, dated 6 Oct 14.
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