RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00713
		INDEX CODE:  113.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Half of the active duty points (points only) he earned from 1 Sep 91 through 31 Aug 92 be transferred to the previous retirement/retention (R/R) year in order to give him a good year toward retirement for the R/R year 1 Sep 90 through 31 Aug 91.

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APPLICANT CONTENDS THAT:

In 1991, while an Individual Mobilization Augmentee (IMA), he mistakenly did not perform his annual tour until the end of his R/R year anniversary date.  This is evident by the fact that he was credited with double the normal annual tour days the following year.  He came off active duty in 1989 and did not understand the R/R year concept.

In support of his request, applicant provided a Service History printout.  His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was released from active duty (AD) and assigned as an IMA on 1 Sep 89.  He was credited with 14 AD points, 15 membership points, and 24 inactive duty training (IDT) points for R/R year 1 Sep 89 through 31 Aug 90, and a satisfactory year of federal service.  From 1 Sep 90 through 31 Aug 91, he earned zero AD points and 18 IDT points and since he did not accrue 50 points, this year was not a satisfactory year of Federal service.  During R/R year 1 Sep 91 through 31 Aug 92, he was credited with 48 AD points, 15 membership points, and 24 IDT points.  He currently has 20 years, three months and 23 days of satisfactory Federal service.

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states in accordance with AF Manual 36-8001, points may only be credited to the date a member actually performed the duty.  Retirement points cannot be transferred from one R/R year to another.  He states he discovered the mistake several years ago but only recently became aware he could petition to have the points assigned.  He applied to the AFBCMR on 27 Feb 01, requesting to be awarded 15 points credited to R/R year 1 Sep 98 to 31 Aug 99 based on the injustice that he was overseas and made an error not completing his annual tour before the end of his R/R year.  The AFBCMR approved his request.  

He fulfilled the required AD and IDT points the first year he performed as an IMA, it was not until his second year as an IMA that he did not perform the required AD points and therefore received an unsatisfactory year.  Each member receives a point credit summary at the completion of their R/R year showing the participation for the just completed year.  Therefore, he received two separate pieces of information prior to not meeting requirements.  The DPP evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 16 Apr 04 for review and comment within 30 days.  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 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 find no evidence of an error in this case, and after thoroughly reviewing the documentation submitted in support of his appeal, we do not believe he has been the victim of an injustice.  We agree with the Air Force that the applicant was provided adequate documentation and he should have reasonably been aware of his requirements for completion of a satisfactory year of Federal service.  Therefore, we adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Accordingly, 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 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 AFBCMR Docket Number BC-2004-00713 in Executive Session on 3 Jun 04, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Feb 04, w/atch.
    Exhibit B.  Letter, ARPC/DPP, dated 13 Apr 04.
    Exhibit C.  Letter, SAF/MRBR, dated 16 Apr 04.