RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02775
		INDEX CODE:  135.02
	 	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Annual Tour (AT) performed in Retirement/Retention (R/R) Year 19 Aug 97 to 18 Aug 98 be moved to the next R/R year (98/99).

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APPLICANT CONTENDS THAT:

He worked through his supervisor, Base Reserve Coordinator, MAJCOM Reserve Coordinator, and the Air Reserve Personnel Center to obtain approval to perform a second AT within his R/R 97/98.  This was requested (at the suggestion of the MAJCOM Coordinator) and approved up and down the chain with the specific intent to correct a problem he had concerning his AT “window.”  

The intent was for a second AT to count towards his R/R year 98/99 AT requirement.

After receiving approval, he did not perform an AT in R/R year 98/99.

His records currently reflect two ATs in R/R year 97/98 and none in R/R year 98/99.

This R/R year had additional problems (with points earned but not reflected) that had to be corrected first.  The problem was corrected in May 06.  

Previous attempts to correct his current problem were unsuccessful and he only recently found out about this avenue for a potential remedy.

In support of his request, the applicant provided copies of     e-mails and letters supporting his approved request concerning his second AT in R/R year 97/98.

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

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STATEMENT OF FACTS:

The applicant is currently serving as an Individual Mobilization Augmentee (IMA) in the grade of major.

On 19 Aug 97, the applicant re-entered the Reserve active duty.  He performed an annual tour in Sep 97.  

He attended the Reserve Forces Combat Engineering Class 98A from 11 May 98 to 22 May 98 and requested that it count for his next annual tour requirement (98/99).  Prior to attending the course and in his request for approval, he specifically expressed his intent to have the class count towards his R/R year 98/99 and asked that he be informed if it was an impossibility. On 9 Jun 98, HQ AFMC/CCV approved the request.  

The applicant’s records reflect two ATs in R/R year 97.

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AIR FORCE EVALUATION:

HQ AFRC/A1BR recommends denial of the applicant’s request.  AFMAN 36-8001, Reserve Personnel Participation and Training Procedures, does not provide allowance for transferring Reserve personnel’s statutory requirements from one FY to another in order to obtain a satisfactory year toward retirement.  Chapter 2, paragraph 2.2 specifically states, “Points may only be credited to the date a member actually performed the duty, except in those activities where the cumulative method is authorized.

The HQ AFRC/A1BR complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 12 Oct 07 for review and comment within 30 days (Exhibit D).  As of this date, this office has not received a 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 an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, 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 Docket Number BC-2007-02775 in Executive Session on 29 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atchs, dated 19 Aug 07.
    Exhibit B.  HQ ARFC/A1BR Memorandum, dated 9 Oct 07.
    Exhibit C.  Letter, SAF/MRBR, dated 12 Oct 07.