RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00705
		INDEX CODE:  135.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Her Retention Years Ending (RYE) 29 Dec 93 and 29 Dec 96 be changed to good years and that they be credited as years of satisfactory federal service toward retirement.  

___________________________________________________________________

APPLICANT CONTENDS THAT:

After a review of her records, she discovered that the calendar year and the fiscal year were mixed up and as a result credit for years of service were not properly categorized.  Specifically, in RYE 93 and RYE 96.

Correction of her records, based on documentation submitted, will clear up the years in question and credit her with two additional years of satisfactory federal service towards retirement. 

In support of her appeal, applicant submitted a personal statement; and copies of several AF Forms 40a (Record of Individual Inactive Duty Training) for the periods of duty performed during RYE Dec 92, Dec 93, Dec 94, and Dec 95.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve on 30 Dec 89.  She had prior active duty service with the Army during the period 12 Sep 78 to 2 May 85.  When she entered the individual mobilization augmentee (IMA) program from civilian status 30 Dec 89, her retention/retirement (R/R) date was established as 30 Dec.

Applicant’s ANG/USAFR Point Credit Summary reflects that during RYE 29 Dec 91, she was credited with 47 total and retirement points and an unsatisfactory year for retirement; RYE 29 Dec 92, 49 total and retirement points and an unsatisfactory year for retirement; RYE 29 Dec 93, 45 total and retirement points and an unsatisfactory year for retirement; and RYE 29 Dec 96, 48 total and retirement points and an unsatisfactory year for retirement.

Applicant’s AF Form 526, Point Credit Summary, reflects that she has been credited for all points in question, during the years they were performed.

She has been credited with 15 years, 7 months, and 21 days of satisfactory federal service towards retirement.

In accordance with AFM 36-8001, a reserve member is required to earn a minimum of 50 points (including membership points) in their full R/R year for award of a year of satisfactory federal service for retirement.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP reviewed this application and recommended denial.  They indicate the applicant had three Retirement Year Endings (RYEs), 29 Dec 91, 92 and 93, as unsatisfactory years of service.  For RYE 29 Dec 93, the applicant did not earn any points from Sep 93 through Dec 93, then after two consecutive satisfactory federal service years, the applicant received another unsatisfactory year, and did not earn points from Sep 96 through Dec 96.

They state that the AF Forms 40a provided with the application are all correctly recorded on the applicant’s AF Form 526, ANG/USAFR Point Credit Summary, and are showing in the proper retirement years.  According to Air Force Manual 36-8001, para 2.2, “points may only be credited to the date a member actually performed the duty.”  The applicant was credited with points and in the proper retirement years.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a copy of a letter from her supervisor, explaining the circumstances surrounding her unsatisfactory years of service and her satisfactory participation in subsequent years of service since.  

Applicant’s complete response is at Exhibit E.

___________________________________________________________________

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.  Based on the evidence of record and that verified by HQ Air Reserve Personnel Center (HQ ARPC), the applicant was given credit for all of her participation performed during the retirement years ending (RYEs) 29 Dec 93 and 29 Dec 96.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-00705 in Executive Session on 19 June 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Feb 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPP, dated 31 Mar 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, undated.
    Exhibit E.  Letter, Applicant’s Response, dated 2 May 03.

                                   
                                   Panel Chair