RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-04004
		INDEX CODE:  135.02
	 	COUNSEL:  NONE
		HEARING DESIRED:  YES
					
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APPLICANT REQUESTS THAT:

Her records be corrected to reflect satisfactory service for the retirement year ending (RYE) 26 May 07.

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APPLICANT CONTENDS THAT:

She viewed the Virtual Military Personnel Flight (VMPF) and noticed she had not been given credit for a good year.

After some research, she realized the Retention/Retirement (R/R) date she had been given of 11 August was incorrect.  The USAF Academy and the Academy Liaison Officer (ALO) web site had been updated with the incorrect date also.  

Her commissioning date of 27 May is, in fact, her correct R/R date.  As a result, only the points she earned from 11 Aug 06 to 27 May 07 (10 months) were counted towards her satisfactory year of service.  Consequently, she had fallen short of a good year by just six (6) points for RYE 26 May 07.

She discussed her situation with several individuals at Headquarters, Air Reserve Personnel Center (HQ ARPC) and was informed points could not be moved from one year to another without Correction Board action.

In support of her request, the applicant provided a copy of her Admissions Liaison Officer Activity Form, a point credit summary, and a single unit retrieval form (SURF) on herself from the military personnel data system (MILPDS). 

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

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STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of captain.  She was released from the Regular Air Force on 30 Sep 05 and assigned to the Non-Obligated, Non-Participating Ready Personnel Section (NNRPS) where she remained until 11 Aug 06 when she began participating as an Academy Liaison Officer.  

Other relevant facts are contained in the ARPC/DPP opinion at Exhibit B.  

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AIR FORCE EVALUATION:

HQ ARPC/DPP recommends denial.  The applicant’s service history was audited on 12 Sep 06.  The audit found her R/R date to be 27 May – the date of her commission by the Air Force Academy.  Because she was working under the assumption that her R/R date had changed to the date she started working as an ALO (11 August), her R/R year for 27 May 2006 to 26 May 2007 ended up being six (6) points shy of the 50 points required for a satisfactory year of service.  DPP states that there is no error or injustice as she was sent an assignment order that showed her R/R date as 27 May.

The complete HQ ARPC/DPP evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states she never received a copy of the Special Orders dated 12 Sep 06 in the mail or at her unit.  The address listed on the orders had not been used for over a year.  She states her address on record was correct and that her gaining unit had the correct information on file.  

Had she received the Special Orders, either in the mail at her correct address or from her unit, she would have been aware of the discrepancy with the R/R date given to her by Academy and her local unit.  She would have had plenty of time to clarify the different dates and ensure she earned the 50 points required for a good year even though she only had 9 of the 12 months to accomplish the work.  Had she known, she would have arranged to have her points completed and she would not have let herself fall short (6 points).  She states she was tracking her time based on the R/R date of 11 Aug, when she joined the ALO program.  If her work was considered from 11 Aug 06 to 11 Aug 07, she would have 53 points for a good year.

The applicant’s complete response is at Exhibit D.

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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 reviewing the evidence submitted, we are of the opinion the applicant acted in good faith and was under the impression she had earned a sufficient number of points to have earned a satisfactory year of service.  While we are keenly aware that the ultimate responsibility for ensuring a Reserve member earns a satisfactory year of service rests with the member, it seems appropriate in this case that the system bear some responsibility in that she was miscounseled regarding her correct R/R date.  There also appears to be some confusion surrounding an audit by ARPC of her account and whether or not her correct address was on file as she did not receive the results of the audit.  Consequently, because she showed every intention of meeting her Reserve requirement, we believe that to not award the six points would constitute an injustice.  Therefore, we recommend that the records be corrected as indicated below.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is 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 she was credited with an additional six (6) non-paid inactive duty points for retention/retirement year 27 May 2006 through 26 May 2007, resulting in 50 total points; and, that the period 27 May 2006 through 26 May 2007 is a year of satisfactory Federal service.

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The following members of the Board considered Docket Number BC-2007-04004 in Executive Session on 29 April 2008, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence regarding Docket Number BC-2007-04004 was considered:

     Exhibit A.  DD Form 149, dated 2 Dec 07.
     Exhibit B.  Memorandum, ARPC/DPP, w/atch, dated 26 Dec 07.
     Exhibit C.  Letter, SAF/MRBR, dated 11 Jan 08.
     Exhibit D.  Applicant’s Rebuttal, w/atchs, dated 16 Jan 08.

                                   

AFBCMR BC-2007-04004	

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:

	                 The pertinent military records of the Department of the Air Force relating APPLICANT, be corrected to show that for retirement year ending (RYE) 26 May 2007, she was 
            awarded six (6) non-paid inactive duty training (IDT) points.