RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01598

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

She be awarded retirement/retention (R/R) points for the period of 30 November 2001 through 29 November 2002.

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APPLICANT CONTENDS THAT:

She performed a total of 29 days during her retirement/retention (R/R) 2002 year.  If the days were properly split into IDTs and annual tour, she would have had 24 points from IDTs and 17 points from annual tour and man-days for a total of 41 points.  Adding the 15 member points, she would have had 56 points, which qualifies as a satisfactory year.

In October 2001, MG __ requested Reserve volunteers to work a 30 day tour in the Command Support Center (CSC) in support of OPERATION NOBLE EAGLE/OPERATIONAL ENDURING FREEDOM (ONE/OEF).  In this letter, MG __ stated either reservist could perform their duty as a combination of Inactive Duty Training (IDT) and annual tour, or “in lieu of” man-days.  She chose IDT/annual tour, but as her tour neared, she was forced to use “in lieu of” man-days to ease ILE’s job of tracking it. She spent three months arguing with active duty personnel in AF/ILEE and ILEX that if she performed 9 IDTs and 17 annual tour/man days during her tour, she would have a total of 18 IDT points and 17 annual tour/man day points.  This alone should have been enough for a satisfactory year.  She finally relented to their request and performed 26 days at the Pentagon (12 March 2002 - 5 April 2002) all in man-day status.  She knew as a result, she would need additional points to get a satisfactory R/R year, so she performed three additional IDTs on 18-20 September 2002.  In her confusion over exactly how her time at the CSC was accounted for, she thought, wrongly as it turned out, that she accrued the correct number of points.  She did not know of her mistake until she received her AF Form 526 in February 2003.  At that time, she was so disgusted with the unfairness of the situation, she sent in her resignation - knowing she had 18 years behind her.  Fortunately, the resignation process takes eight months, and in October 2003, she reconsidered her separation and is now reassigned as a USAFA Admissions Liaison Officer.  The entire process was so painful and exhausting, it has taken her six months to decide if this is worth pursuing.  

In support of her appeal applicant has provided a copy of AF Form 526, ANG/USAFR Point Credit Summary and emails.

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

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STATEMENT OF FACTS:

The applicant’s record shows that for retention/retirement (R/R) year 30 November 2001 through 29 November 2002, she earned a total of 26 points active duty training points, 6 inactive duty training (IDT) points, 0 Extension Course Institute (ECI) points and 15 membership points for a total of 47 points, and did not meet the minimum standard of 50 points for a satisfactory year of federal service for retirement.

On 31 January 2002, AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, Reserve Order # -------, ordered the member to Annual Tour for 13 days, reporting 12 March 2002 and being release on 24 March 2002.

On 27 March 2002, AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, Reserve Order # ------, in support of ONE, ordered the member to Military Personnel Appropriation for 12 days, reporting 25 March 2002 and being release on 5 April 2002.  

On 1 July 2002, a letter from USAF/--- to 11 WG/---, requested MPA contingency tours be credited as Annual Training (AT)/Inactive Duty Training (IDT) for the period of 25 March 2002 through 5 April 2002.

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AIR FORCE EVALUATION:

11 WG/CCV recommended denial and stated the applicant had sufficient time prior to R/R date to perform additional IDT duty and receive 50 points for a satisfactory retirement year.  The applicant is responsible to adhere to mandatory AT and IDT requirements aside from any additional duty performed. Of this requirement, she was credited with 14 days of AT from 11-24 March 2002 and she only completed 6 of her 24 mandatory IDT requirement.

Although applicant notes she was directed by AF/ILE to utilize AT/IDT to support contingencies, she was aware of the change prior to reporting to duty per her email attached dated 13 February 2002.  Contingency support duty is funded through Military Personnel Appropriation funding and use of AT and IDT duty is not authorized to support contingencies.

The Memo dated 1 July 2002 from AF/ILR requested applicant be allowed to use MPA order for duty performed 25 March through     5 April as substitution for AT and IDTs was in support of contingency.  Applicant should have not filed AT order for pay for the period 12-24 March 2002.

11 WG/CCV complete evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed that Air Force evaluation and stated that she recently found additional documentation that she feels is important to her case.  Enclosed is a letter written by MG __ in October 2001, requesting Reserve support for Operations NOBLE EAGLE and ENDURING FREEDOM.  The significant information is found in the second paragraph, which states that reservists could choose one of two methods for serving in the Contingency Support Center. She requested, numerous times in the five months leading up to her tour, to perform her tour using the annual tour and IDT method.  Her request was continually denied, until she finally succumbed and agreed to complete the tour as continous mandays.  There was never any other follow up memorandum from MG __ clarifying this issue.

Applicant’s complete response, with attachment, is at Exhibit E.

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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.  After careful consideration of all the facts of this case, the Board believes that based on the evidence provided, it appeared to be some confusion how the applicant’s service would be credited for retention/retirements points while supporting OPERATION NOBLE EAGLE AND OPERATION ENDURING FREEDOM.  However, we believe HQ 11WG/CCV's recommendation that she be awarded sufficient points for a satisfactory year of service presents a solution that is very equitable to both the applicant and the Air Force. We note that the applicant typically earned significantly more than the minimum 50 points required for a “good year.” In this instance, all she needed was three more points for a satisfactory year of service.  In view of the foregoing, and in an effort to offset any possibility of an injustice, the Board believes that the applicant’s record should be corrected to the extent indicated below.

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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 3 non-paid inactive duty training (IDT) points for Retention/Retirement (R/R) year 30 November 2001 to 29 November 2002, resulting in 50 total, and that the period 30 November 2001 through 29 November 2002 is a year of satisfactory Federal Service for retirement.

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The following members of the Board considered this application BC-2004-01598 in Executive Session on 14 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 12 May 04, w/atch.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, 11WG/CCV, dated 24 Jun 04, w/atch.
	Exhibit D.	Letter, SAF/MRBR, dated 1 Jul 04.

AFBCMR BC-2004-01598

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, XXXXXXX, be corrected to show that she was awarded 3 non-paid inactive duty training (IDT) points for Retention/Retirement (R/R) year 30 November 2001 to 29 November 2002, resulting in 50 total, and that the period 30 November 2001 through 29 November 2002 is a year of satisfactory Federal Service for retirement.