RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01946
INDEX CODE:  108.00
								COUNSEL: NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 December 2008

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APPLICANT REQUESTS THAT: 

The reason for his reassignment to the Inactive Reserve on his Reserve Order A-50 be changed from unsatisfactory participation under 20 years to hardship.  In addition, he be given point credits for his field training on 9-11 September 1995 and 20 March 1998.  

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APPLICANT CONTENDS THAT:

He requested to be reassigned to the Inactive Reserve due to his stepfather dying from cancer.  He quit attending Unit Training Assemblies (UTAs) when his stepfather passed away on 17 September 1993.  His reassignment was subsequently approved on 2 December 1993; however, it reflects the reason as unsatisfactory participation.  He is currently participating in the Oregon Air National Guard (ANG) and is in good standing.  Due to Base Realignment and Closure his civilian job has been transferred to Lackland Air Force Base; therefore, he is seeking a transfer from the Oregon ANG to the Texas (TX) ANG for his ANG training.  However, the reason for transfer to the Inactive Reserve shown on his Reserve Order A-50 is preventing his transfer.  He is currently approved for temporary participation with the Texas ANG so he doesn’t fall behind in training.  

In support of his application, the applicant provides copies of his Reserve enlistment documents, Reserve assignment order, reassignment order to the Inactive Reserve, Reserve Point Credit Summary, Individual Ready Reserve (IRR) Screening orders, Muster Duty orders, stepfather’s death certificate, and honorable discharge order from the Air Force Reserve.   

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

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STATEMENT OF FACTS:

On 30 April 1993, the applicant was voluntarily released from the Inactive Reserve and enlisted in the Ready Reserve in the grade of sergeant (E-4) effective 1 May 1993.  His AF Form 526, Air National Guard/United States Air Force Reserve Point Summary, dated 18 December 1993 reflects his participation as 14 active duty training points, 16 inactive duty training points, and 15 membership points for the period 13 October 1992 through 12 October 1993 and for a total of 45 total points for retirement but not a satisfactory year of service.  Reserve Assignment Order A-50, dated 2 December 1993, reassigned the applicant to the Inactive Reserve for unsatisfactory participation under 20 years of service.  

Reserve Order FA-08507, dated 1 August 1995, recalled the applicant to active duty for 9-11 September 1995 for an IRR Screening in accordance with Title 10, United States Code, Section 10149.  Reserve Order FA-0999, dated 19 February 1998, ordered the applicant to one day of active duty for an IRR Screening on 20 March 1998.  Reserve Order CA-009739, dated 1 May 1999, reflects the applicant’s honorable discharge from the Air Force Reserve effective 30 April 1999.  

The Military Personnel Data System reflects the applicant currently has over ten years, of satisfactory service as of 12 April 2007.

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AIR FORCE EVALUATION:

AFRC/A1B recommends denial of the applicant’s request to correct his record to reflect he was voluntarily reassigned to Inactive Reserve based on hardship.  A1B states the applicant has not provided any evidence to show he submitted a request for a voluntary hardship reassignment, that his request was approved, or that orders were published to reassign him to the Inactive Reserve for the reason of hardship.  Even if he had submitted a request for voluntary reassignment, the applicant remained obligated to continued military service until released.  Such release would have occurred only after his request for reassignment was approved and orders were published.  There is no evidence that this occurred.  

A1B states if the Board decides to grant the relief sought, the applicant’s military records should be corrected to reflect his reassignment to the Inactive Reserve based on hardship and award him participation points for the period the applicant was reported as an unsatisfactory participant.  

The A1B evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to A1B’s evaluation, the applicant explains that he is not seeking point credit for a satisfactory year in 1993.  The only point credits he is asking for is for his participation during the 9-11 September 1995 and 20 March 1998 IRR Screenings.  In addition, he would like his reassignment order to the Inactive Reserve, dated 2 December 1993, be corrected to reflect his release was due to hardship instead of unsatisfactory participation.  He has attached his Oregon ANG participation documentation.  

A copy of the applicant’s rebuttal, with attachments, 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 probable error with respect to the applicant’s request for active duty training (ADT) points for the period 9–11 September 1995.  We note the applicant was recalled to active duty for a period of three days (9-11 September 1995) for an Individual Ready Reserve (IRR) Screening and was subsequently paid for the three days duty; however, MilPDS does not reflect he earned points for this period.  The Points Management Branch at the Air Reserve Personnel Center has confirmed this was an oversight and that he is, in fact, entitled to three ADT points for 9-11 September 1995.  Accordingly, we feel the applicant’s records should be corrected as indicated below.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice in regard to the applicant’s request for an ADT point for the period 20 March 1998 and his request to change the reason for his reassignment to Inactive Reserve Status effective 2 December 1993.  After a thorough review of the applicant’s available records, we note he was recalled to active duty for the purpose of Muster Duty on 20 March 1998; however, in accordance with Air Force Manual 36‑8001 and Title 10 United States Code, Section 12319, members receive pay but no training points for Muster Duty.  In addition, we note the applicant’s contentions that he requested voluntary reassignment in 1993 due to hardship; however, he has not provided a copy of his request asking for reassignment or an approval by competent authority approving his request for a hardship reassignment.  Therefore, in view of the above and in the absence of evidence to the contrary, we concur with the opinion of the Air Force office of primary responsibility and find the applicant has failed to sustain his burden for providing a showing of error or injustice in regard to his request to change his reason for reassignment to Inactive Reserve Status and for awarding him an ADT point for his active duty performed on 20 March 1998.  Accordingly, those portions of the applicant’s request are not favorably considered.  

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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 he was awarded three (3) active duty training points for the period 9‑11 September 1995.  

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The following members of the Board considered this application in Executive Session on 25 September 2007, under the provisions of AFI 36‑2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-01946:

	Exhibit A.  DD Form 149, dated 15 Jun 07, w/atchs.
	Exhibit B.  Applicant’s Military Personnel Records.
	Exhibit C.  Letter, AFRC/A1B, dated 23 Jul 07.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Jul 07.
	Exhibit E.  Applicant’s Rebuttal, not dated, w/atchs.