RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01332
		INDEX CODE:  135.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect satisfactory service for retirement year ending (RYE) 14 November 1992.

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APPLICANT CONTENDS THAT:

He was given 49 points for 1992 and he needs 50 points for a good year.  He was told by his superintendent from the 41st MSES that his retirement and retention (R/R) year was 15 August and 13 March for pay.  Because his points were calculated on 15 November which was the date he originally left active duty, the policy for counting points has changed.  If his time were calculated using the 15 August date, he would have enough points for a good year.  

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 March 1980. He left the Regular Air Force on 14 November 1984 and was transferred to the Air Reserve Personnel Center (ARPC) Obligated Reserve Section.  In March 1986, he enlisted with the California Air National Guard (CAANG).  He has been progressively promoted to the grade of captain with a date of rank (DOR) of 9 December 2003.  He is currently serving with the New Mexico ANG (NMANG) at Kirtland AFB at Albuquerque, NM.  As of 29 September 2006, he had just under 15 years of satisfactory service.  

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states there is no error or injustice as his R/R points were calculated based on 15 November, the date he became a reservist.  Air Force regulation (AFR) 35-41 states the R/R year begins on the date the member is placed on active Reserve status.  Even though his superintendent told him his R/R date was 15 August, his assignment orders included his correct R/R date.

DPP’s complete evaluation, with attachments, 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 24 May 2007 for review and comment within 30 days.  As of this date, no response has been received by this office.
Applicant’s complete response is at Exhibit C.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his uncorroborated assertion of his superintendent giving him an erroneous R/R date, in and by itself, is sufficiently persuasive to override the rationale provided by the Air Force.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  Therefore, in the absence of persuasive 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-2007-01332 in Executive Session on 16 August 2007, under the provisions of AFI 36-2603:

				, Panel Chair
				, Member
				, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Apr 07.
    Exhibit B.  Letter, HQ ARPC/DPP, dated 22 May 07, w/atch.
    Exhibit C.  Letter, SAF/MRBR, dated 24 May 07.

                                   
                                   Panel Chair