RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-00998
							INDEX CODE 135.02
							COUNSEL:  None

							HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

She be awarded three points for the retirement/retention year ending (RYE) 8 April 1999 so that it will be a satisfactory year of Federal service for retirement.

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APPLICANT CONTENDS THAT:

Due to complications of her first pregnancy, she was unable to complete a good year in retirement/retention year ending 99, leaving her with 47 points. She completed Squadron Officer School in February 1998 which gave her 43 ECI points but counted toward retirement/retention year ending 1998 (132 total points).  Eighty-two points were accumulated during retirement/retention year 2000.

In support of her appeal, she submits a letter from her doctor, ANG/USAFR point credit summary and a letter from Directorate for Information Operations and Reports.

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

Examiner's Note: Applicant refers to RYE 1998 requiring correction, however the correct RYE is 1999.

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STATEMENT OF FACTS:

The applicant served in the Air National Guard from 9 April 1988 as an enlisted member until her release on 13 February 1991.  The applicant then accepted a commission in the Air National Guard at McGhee Tyson Airport, Tennessee.  For RYE 8 April 1999, the applicant earned 0 active duty points, 32 inactive duty points, 0 Extension Course Institute points and 15 membership points for a total of 47 retirement points.  This was not a satisfactory year for federal service.

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

ARPC/DPKC recommended disapproval.  There is no indication an error or injustice occurred.  Title 10, United States Code, Section 12732, requires an individual to accrue 50 points per retention/retirement year for a satisfactory year of service.  There are no provisions in the law to waive the minimum point requirement for a satisfactory year of federal service. 

When individuals are assigned to Reserve units they are given the information regarding their participation requirements for their position.  The applicant is requesting points from RYE 1997 or 1998, be deducted, and added to the RYE 1999.  In accordance with AFM 36-8001, paragraph 2.2, this process is not allowed.

The ARPC/DPKC evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 19 April 2002, for review and comment.  As of this date, no response has been received by this office. 

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough and careful review of the evidence of record and applicant's submission, we not are persuaded that the evidence presented warrants approval of her request.  Title 10, United States Code, Section 12732, requires an individual to accrue 50 points per retention/retirement year for a satisfactory year of service.  We note the applicant had ample opportunity to earn the additional 3 retirement points needed for her to accrue the 50 points needed for the retirement year ending 8 April 1999; and that there are no provisions in the law to waive the minimum point requirement for a satisfactory year of federal service, or to move points from one retirement year to another.  Therefore, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the 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 compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number 02-00998 in Executive Session on 13 June 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 3 Feb 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, ARPC/DPP, dated 8 Apr 02.
	Exhibit D.	Letter, SAF/MRBR, dated 19 Apr 02.