RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01365
		INDEX CODE:  135.02
	XXXXXXXXXXXXXXXXXX	COUNSEL:  NONE

	XXX-XX-XXXX	HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to show her Retirement/Retention (R/R) years 28 March 1984 through 4 January 1985 and 5 January 1993 through 4 January 1994 are satisfactory years of Federal service.
___________________________________________________________________

APPLICANT CONTENDS THAT:

She was never informed of the affect her active duty discharge and enlistment into the Reserves would have on her satisfactory years for retirement.  Had she known, she would have changed her active duty discharge date to coincide with the end of a satisfactory year.  

She was not able to perform enough inactive duty training for her R/R year ending in 1994 because her base of assignment (Lowry AFB, CO) closed in 1993 and there were no local bases available for her to finish her training requirements for that R/R year.

In support of her application, she provided a copy of her AF Form 526, Service History.  Her complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 28 March 1983, the applicant enlisted in the Regular Air Force at the age of 19 in the grade of airman basic (E-1) for a period of four years.  She was progressively promoted to the grade of airman first class (E-3).  On 4 January 1985, the applicant was released from active duty under the Palace Chase program.  She was credited with 1 year, 9 months, and 7 days of prior Regular Air Force active duty service and 13 days of prior inactive Reserve service.  Her R/R year was established as 5 January through 4 January based on her accession into the Air Force Reserve on 5 January 1985.  On 18 January 1985, the applicant enlisted in the Air National Guard and Air Force Reserve in the grade of airman first class.  Since this enlistment, she has continued to participate and has been progressively promoted to the grade of technical sergeant (E-6).  As of the Reserve Year Ending (RYE) 4 January 2003, she was credited with 17 years, 9 months, and 7 days of satisfactory Federal service.

For RYE 4 January 1994, the applicant was credited with 12 active duty, 18 inactive duty and 15 membership points, for a total of 45 points and an unsatisfactory year of Federal service.

___________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends partial relief.  It is DPP’s opinion that the applicant should be awarded the additional 5 non-paid inactive duty training (IDT) points for her R/R year from 5 January 1993 through 4 January 1994.  Lowry AFB was in the process of closing towards the end of 1993, prohibiting the applicant an opportunity to participate in training.  

DPP states the applicant’s request for her record to reflect a good retirement year, from 28 March 1984 through 4 January 1985, is prohibited by regulation.  The applicant’s R/R year ended short of a full year due to her change of components from active duty Air Force to the Air National Guard.  According to Air Force Manual 36-8001, Chapter 2, table 2.4, in effect at the time, an R/R date is established when a member transfers into a Reserve component; thus creating a partial year of satisfactory service.

The DPP evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 16 May 2003 for review and response within 30 days.  As of this date, this office has received no response.

___________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the existence of probable injustice with respect to the applicant’s request pertaining to her RYE 4 January 1994.  The applicant claims that she was unable to perform enough inactive duty training for this year because her base of assignment closed in 1993 and her attempts to locate an alternate training attachment in the local area were unsuccessful.  In their assessment of her claim, the Air Force office of primary responsibility confirms the applicant’s claim concerning the base closing and has recommended her request for credit for a satisfactory year of Federal service for the RYE 4 January 1994 be approved.  We concur with the office of primary responsibility that the applicant should not be penalized because of her inability to fulfill training requirements for her R/R year ending 4 January 1994 due to circumstances beyond her control.  Therefore, her records should be corrected to award her five non‑paid inactive duty training points for her R/R year in question, thereby resulting in a satisfactory year of Federal service.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice with respect to the applicant’s request concerning credit for a satisfactory year of Federal service for the period 28 March 1984 through 4 January 1985.  The applicant was voluntarily released from active duty prior to completion of her Regular Air Force enlistment for service in the ANGUS at her own request.  We note that prior to 1 October 1995, a member’s R/R date was established on the date the member was transferred to the Reserve component.  Thus, her R/R date was established as 5 January 1985 in accordance with the governing regulations and policies then in effect.  Since the applicant did not participate a full year towards an active duty retirement, the year cannot be counted as a satisfactory year of federal service.  We have noted the applicant’s assertions concerning this matter and find no evidence to support her claim of miscounseling.  Accordingly, in the absence of evidence indicating she was treated differently from other similarly situated members or that the point credit she received as a result of the completion of a partial year of service is improperly computed, 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 with respect to her request for credit for a satisfactory year of service for the period ending 4 January 1985.  Accordingly, that portion of the application 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 she was awarded an additional 5 non-paid inactive duty training points for retirement/retention year 5 January 1993 through 4 January 1994, resulting in 50 total points; and, that the period 5 January 1993 through 4 January 1994 is a year of satisfactory Federal service.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 9 July 2003, under the provisions of AFI 36‑2603:

The following documentary evidence for Docket Number BC-2003-01365 was considered:

	Exhibit A.  DD Form 149, dated 1 Apr 03, with attachment.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, ARPC/DPP, dated 8 May 03.
	Exhibit D.  Letter, SAF/MRBR, dated 16 May 03.

						

AFBCMR BC-2003-01365

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 XXXXX, be corrected to show that she was awarded an additional 5 non-paid inactive duty training points for retirement/retention year 5 January 1993 through 4 January 1994, resulting in 50 total points; and, that the period 5 January 1993 through 4 January 1994 is a year of satisfactory Federal service.