RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02174
		INDEX CODE:  135.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His DD Form 214 and all associated service dates be corrected to reflect that he did not have a break in service.  

2.  He be given pay and points for his annual tour (14 days).

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APPLICANT CONTENDS THAT:

Since he was discharged from active duty instead of being reassigned to his Reserve position, his record reflects a break in service from 2 August 2000 to 16 April 2001.  His discharge was caused due to confusion in the transition process as a Reserve officer in an active component to a Reserve officer in a reserve component.  Due to the late receipt of his appointment notice, 1 June 2001, he could not schedule his annual training since the deadline for scheduling annual tours had passed. 

In support of his application, he provides a personal statement, a copy of his AF Form 1288, Application for Reserve Assignment, emails and correspondence associated with his Reserve status and application procedures, a copy of his AF Form 40A, Record of Individual Inactive Duty Training and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty,. 

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

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STATEMENT OF FACTS:

The applicant’s master personnel records were unavailable for review.  The following information was extracted from documents supplied from the applicant or maintained in the Personnel Data System (PDS).

On 27 September 1990, the applicant was appointed a second lieutenant, Reserve of the Air Force, and was voluntarily ordered to extended active duty on 22 July 1991.  He was progressively promoted to the grade of captain on 24 February 1995.  On 1 August 2000, he was honorably discharged because of completion of required service.

In the meantime, on 17 July 2000, orders were issued assigning applicant to a Reserve position.  On 28 and 29 August 2000, the applicant performed Reserve duty for which he earned 4 points.  On 17 April 2001, the applicant was appointed a captain, Air Force Reserve, and assigned to an active Reserve assignment.  On 19 September 2001, based on an application submitted by the applicant under AFI 36-2603, his record was administratively corrected to show that, on 1 August 2000, he was not discharged but was released from active duty and transferred to the Air Force Reserve.  As of the Retirement Year Ending (RYE) 26 September 2000, he was credited with 10 years of satisfactory Federal Service.  As of the RYE 26 September 2001, he was credited with 15 membership and total points and an unsatisfactory year of Federal service.

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AIR FORCE EVALUATION:

ARPC/DPA recommends the application be partially granted.  DPA states that the applicant’s previous application for Correction of Military Records, effected several administrative corrections.  DPA states that AFPC administratively corrected the applicant’s DD Form 214, to reflect the applicant was released from active duty effective 1 August 2000.  Subsequently, ARPC was able to make administrative corrections to reflect his assignment effective date of 2 August 2000 into the Air Force Reserve Individual Mobilization Augmentee Program.   DPA further states that all associated service dates and promotion effective date were corrected to reflect no break in service.  Due to the change in his DOR he became eligible for the FY02 Line and Non-Line Major’s Promotion Selection Board which was held on 19 February 2001.  DPA states that since he was not considered for this selection board he was granted Special Selection Board (SSB) consideration and will receive notification of the SSB results under separate cover.  In addition, applicant was also eligible for the FY03 Line and Non-Line Major’s Promotion Selection Board which convened on 11 February 2002.  However, due to the removal of his break-in-service the applicant is required to have a performance report from his current assignment and since this document was not available to the FY03 selection board, HQ ARPC/DPB can award an SSB when the performance report is received.  Furthermore, DPA states that the applicant’s R/R ending September 2000 reflects credit for 310 active duty days performed 27 September 1999 through 1 August 2000. 

DPA recommends approval to allow the applicant to meet R/R requirements for RYE September 2001 since he was unable to schedule and perform his annual tour through no fault of his own. However, DPA recommends that he should not receive monetary compensation since he has not yet performed an annual tour or IDT for this period. Lastly, DPA recommends that the applicant resubmit AF Form 40A to his Reserve Pay office for payment of IDT’s performed on 28 August 2000 and 29 August 2000.  DPA states that correction to his point credits was accomplished by crediting him with 4 IDT points. 

DPA evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 April 2002 for review and response within 30 days.  As of this date, this office has received no response.

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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.  We have noted that the Air Force office of primary responsibility has indicated that due to an erroneous discharge and delay in the applicant receiving his appointment order, he was unable to meet tour-scheduling deadlines.  Based on this information, we believe that relief is warranted in this matter.  It is our opinion that the most appropriate course of action is to award the applicant sufficient nonpaid points for the Retirement Year Ending 2001 to enable the applicant to receive credit for a year of satisfactory service.  We do not believe the circumstances of this case warrant the award of pay for service not performed.  Therefore, in view of the foregoing, and in an effort to offset any possibility of an injustice, we agree with the recommendation of the office of primary responsibility to allow the applicant’s record for Retirement Year Ending (RYE) September 2001 reflect that he attained a total of 50 points for RYE September 2001 and a year of satisfactory service.  By such action, we believe that the applicant will be afforded proper and fitting relief.

4.  We have noted that recommendation that the applicant be allowed to resubmit his AF Form 40A, Record of Individual Inactive duty Training to his Reserve Pay Office for payment of the inactive duty for training he performed on 28 and 29 August 2000 and do not believe action by this Board with respect to this issue is required.  It would appear that as a result of the action taken to administratively correct the applicant’s records to show he was released from active duty and transferred to the Air Force Reserve, rather than discharged, his status as a Reserve officer was unquestionably restored and, based on the assignment order of 17 July 2000, he was entitled to pay for the days on which he actually participated in a pay status.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was credited with an additional 14 nonpaid active duty days and 21 nonpaid inactive duty points for the retirement/retention year 27 September 2000 through 26 September 2001, resulting in 50 total and retirement points and a satisfactory year of Federal service. 

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The following members of the Board considered this application AFBCMR Docket Number 01-02174 in Executive Session on 15 May 2002, under the provisions of AFI 36‑2603:

Panel Chair
Member	
Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jul 01, w/atchs
	Exhibit B.  Letter, ARPC/DPA, dated 22 Mar 02, w/atchs
    Exhibit C.  Letter, SAF/MRBR, dated 5 Apr 02.

                                   

AFBCMR 01-02174

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552; Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to, be corrected to show that he was credited with an additional 14 nonpaid active duty days and 21 nonpaid inactive duty points for the retirement/retention year 27 September 2000 through 26 September 2001, resulting in 50 total and retirement points and a satisfactory year of Federal service.