RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  03-03742
		INDEX CODE:  135.02
	XXXXXXXXX	COUNSEL:  XXXXXX
	XXXXXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the maximum training points (233) for the period June 2000 through June 2001 with pay and allowances.  

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APPLICANT CONTENDS THAT:

He was ordered by his commander not to participate in Unit Training Assemblies (UTAs), Mandays and annual trainings.  According to his calculations, he would have received a total of 233 points during this period.  He was ordered not to participate because he had tested positive for cocaine; however, he never used cocaine and this was proven at the administrative discharge board.  He realizes that the Air Force must do something to protect its members and resources from injury or damage from a member who might be under the influence of illegal drugs, but he feels very strongly that his records should be changed to remove the adverse effects of his nonparticipation after it was proven he did not wrongfully use drugs.  His record as a reservist speaks for itself.  He has always had good years, earning maximum points allowed for each year.  He knows that had he been allowed to participate in UTAs and Mandays between June 2000 and June 2001, he would have achieved maximum points.  As an Air Reserve Technician, he continued to perform his duties as a civilian and was not any less productive because of his nonparticipation as a Reservist.  He strongly urges the Board to reach deep into its conscience and muster all the integrity it has and order the Air Force to correct his records in restoring points he wrongfully was denied.  

In support of his application, he provides a personal statement, counsel's argument in support of his request for correction of records, copy of the administrative discharge with record of board proceedings with attachments.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The Military Personnel Database (MilPDS) indicates that effective 1 December 2001, the applicant was transferred to the Retired Reserve Section Awaiting Pay at Age 60 (30 November 2008).  He is credited with a total of 32 years, 11 months and 9 days of satisfactory Federal service.  The applicant’s Reserve participation history indicates that for R/R year 18 April 2000 to 17 April 2001 (contested period), he earned 0 Active Duty points, 4 Inactive Duty points, 0 Extension Course Institute (ECI) points and 15 membership points for 19 total retirement points and an unsatisfactory year of Federal service.  For R/R year 18 April 2001 to 17 April 2002 (a part of the contested period), he earned 34 Active Duty points, 45 Inactive Duty points, 0 ECI points and 15 membership points for 94 total retirement points and a satisfactory year of Federal service.  For the Retirement Years Ending (RYEs) 17 April 1996, 1997, 1998 and 1999 he was credited with 81, 103, 94, and 122 total points, respectively.  

For RYE 17 April 2003, the applicant was credited with 49 active duty, 82 inactive duty and 15 membership points, for a total of 139 points and a satisfactory year of Federal service.

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AIR FORCE EVALUATION:

ARPC/DPM recommends the application be partially granted.  DPM states that there is no documented evidence to credit the member with 233 points as requested; however, based in part on the member's most recent past participation history (18 Apr 99 - 17 Apr 00), it could be reasonably expected that the member would have participated enough to afford him a "satisfactory year."  Additionally, DPM noted that the applicant has historically participated to a level that earned him at least 90 points toward retirement each Retention/Retirement (R/R) year.   

The AFRC/DPM evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9 January 2004 for review and response.  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 an injustice.  The applicant’s performance history indicates that as a member of the Air Force Reserve since 1978, he consistently met the required training points necessary for a satisfactory year.  As the Air Force office of primary responsibility indicates, the applicant has historically participated to a level that earned him at least 90 points toward retirement each Retention/Retirement year.  Therefore, 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) April 2001 reflect that he attained a total of 90 points for RYE April 2001 and a year of satisfactory service.  By such action, we believe that the applicant will be afforded proper and fitting relief.  While we find it appropriate to grant the applicant enough points for him to earn a satisfactory year, we believe that the applicant has not provided any evidence that would persuade us that he would have earned the maximum training points for the period in question.  

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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 that he was credited with an additional 15 paid active duty points, 12 paid Active Duty Special Work (ADSW) points and 44 paid inactive duty points for the retirement/retention year 18 April 2000 through 17 April 2001, resulting in 90 total and retirement points and a satisfactory year of Federal service

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The following members of the Board considered this application in Executive Session on 12 February 2004, under the provisions of AFI 36‑2603:

All members voted to correct the record as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Oct 03, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Record.

	Exhibit C.  Letter, ARPC/DPM, dated 29 Dec 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.

                                   

AFBCMR 03-03742

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 XXXXXXX, be corrected to show that he was credited with an additional 15 paid active duty points, 12 paid Active Duty Special Work (ADSW) points and 44 paid inactive duty points for the retirement/retention year 18 April 2000 through 17 April 2001, resulting in 90 total and retirement points and a satisfactory year of Federal service.