RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00368
		INDEX CODE:  135.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

A duty day she performed on 1 August 2003, in lieu of pay and in order to make up a one point shortfall in her Retention/Retirement (R/R) year of 30 January 2002 to 29 January 2003, be added to her total to make that year a good year towards a Reserve retirement.

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APPLICANT CONTENDS THAT:

During the course of her R/R year, 30 January 2002 to 29 January 2003, she earned a total of 49 points, one point shy of qualifying her service as a good year towards retirement.  Her unit told her she could perform a duty day for one point only and have it applied to the previous R/R year.  Her host unit confirmed this and she performed the duty day.  She has yet to see it credited to her R/R year.  She has spoken with Air Reserve Personnel Center (ARPC) who told her this problem must be resolved at the unit level.  After countless phone calls, emails, and visits to her host unit, this matter has yet to be resolved.

In support of her appeal, the applicant has provided copies of her point credit history, a memorandum from her unit commander confirming the day of duty she performed for the point, and an AF Form 40A, Record of Individual Inactive Duty Training, showing the day she performed the duty.

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

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STATEMENT OF FACTS:

The applicant is a current member of the Texas Air National Guard (TXANG) as a traditional guardsman.  She failed to earn 50 participation points in her R/R year of 30 January 2002 to 29 January 2003 and therefore cannot use that year as a good year towards retirement.  Her unit led her to believe she could perform a duty day outside the affected R/R year to make up the one point she needed and she did so on 1 August 2003.  However, in accordance with Title 37, United States Code, Section 206[e], while a member may be allowed by their commander to perform duty to make up missed Unit Training Assemblies (UTA’s) for retirement points, the duty must be performed within their R/R, or anniversary, year.  Her commander actually lacked the authority to permit her to make up the missed time outside the inclusive dates of her anniversary year.

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AIR FORCE EVALUATION:

ANG/DPP recommends denial.  They state the member made up the time outside the parameters of the affected R/R year making the one point she earned attributable to her next R/R year of 30 January 2003 through 29 January 2004 instead of the prior R/R year.

DPP’s complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states in October 2001, she underwent surgery on her left knee.  Her medical condition did not prevent her from attending UTA’s and she did so until May 2002 when her unit informed her she had been declared “fully medically disqualified” until such time as she could produce medical evidence showing her knee had fully recovered.  Consequently, she was not able to attend UTA’s or annual training (AT).  As a result of the unit’s erroneous decision, she was unable to earn sufficient points for a good year towards retirement.  In September 2002, she was authorized an inactive duty training (IDT) waiver that allowed her to participate in UTA’s but no additional days.  

In January 2003, the ANG found her fit to return to duty in a fully qualified status – too late for her to earn a good year towards retirement for her R/R year January 2002 to January 2003.  She believes she was wrongfully placed in a profile status in May 2002 that directly led to her being unable to accrue sufficient points for a good year.  She requests the Board correct her record to reflect the year ending January 2003 as a good year for retirement purposes.

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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.  Applicant was placed on a 4T profile in May 2002 due to a knee injury and subsequent surgery.  She was therefore not allowed to attend UTA’s or perform annual training (AT) from May 2002 through September 2002 – a full five months of her R/R year.  We note she participated in UTA’s prior to May 2002 and again from September 2002 to January 2003.  After a complete review of all the evidence, we are of the opinion that not only was the applicant misled as to performing an IDT day outside her R/R year, but her sudden placement in a 4T profile status effectively deprived her of five months with which to earn sufficient points to obtain a good year towards retirement.  

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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 she was awarded an additional one non-paid inactive duty training point for retirement/retention year 30 January 2002 through 29 January 2003, resulting in 50 total points; and, that the period 30 January 2002 through 29 January 2003 is a year of satisfactory Federal service.

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The following members of the Board considered this application in Executive Session on 9 December 2004, under the provisions of AFI 36‑2603:

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

    Exhibit A.  DD Form 149, dated 29 Jan 2004, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPP, dated 23 Sep 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Sep 04.
    Exhibit E.  Letter, Applicant, dated 9 Nov 04, w/atchs.

                                                                      Panel Chair

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2004-00368

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 APPLICANT, be corrected to show that she was awarded an additional one, non-paid inactive duty training point, for retirement/retention year 30 January 2002 through 29 January 2003, resulting in 50 total points; and, that the period 30 January 2002 through 29 January 2003 is a year of satisfactory Federal service.

                                                                            Director
                                                                            Air Force Review Boards Agency