RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02213
		INDEX CODE:  
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His record be corrected to include 308 retirement points for funeral honor guard participation from 1998 to 2000.

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APPLICANT CONTENDS THAT:

He did not know that Guardsmen and Reservists received one point for the performance of Military Funeral Honors.  He was part of a full time Honor Guard organized in 1998.  Pay was based on rank and a separate check was issued for expenses.  He was not on military orders from the Air National Guard (ANG).  He wore the Air Force Honor Guard uniform for funeral duty.  Any Guard or Reserve member on orders would have received one point.  As a member of the Maryland National Guard Honor Guard, he met the criteria mandated by Congress in 2000 when legislation was passed requiring the Department of Defense to provide funeral honors for all military veterans, making this military function congressionally and state mandated.  The crux of the issue which has been denied by the Air Force Personnel Center is that he was not serving in the “standard” model for receiving points for service.

After his first attempt to procure retirement points based on the new law, the HQ ARPC technician never mentioned any additional recourse and/or appeal.  He did not follow up because he knew it would not be relevant until his retirement.  He was later provided his original request letter and asked for actual pay statements.  He was told that the pay statements and additional documentation did not adequately provide the “exact” days but a range of days from the first to the last day served.  The information was deemed inadequate.  He subsequently requested additional employment confirmation from the State of Maryland.  

His Honor Guard performance was unique as it does not meet the standard situation where an order is cut for a Guard or Reserve member; however, at the time, he was serving in the Air National Guard and required to perform duty at funerals.  He should receive the points earned.

In support of his application, the applicant submits a memorandum from the State of Maryland with attachments, electronic mail message, employee’s earnings statements, letter from the Comptroller of Maryland with attachments, and fax cover sheets.

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

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STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant is currently serving as an Air Force Reservist in the grade of technical sergeant (TSgt).  His Expiration Term of Service (ETS) date is 31 Dec 08.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. 

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AIR FORCE EVALUATION:

HQ ARPC/DPP recommends denial.  DPP states the applicant contracted as a civilian with the State of Maryland to participate in the state honor guard while serving in the Maryland Air National Guard.  He participated for 308 days between Oct 1998 and Aug 2000.  He was paid for his duty by the State of Maryland based on his military rank and received a separate pay check for expenses.  Although he performed his funeral duty in uniform, he was not on orders.

DPP notes the applicant was not on active duty orders and did not provide inactive duty documentation to show unit authorization of honor guard participation.  He performed this duty as a civilian on his own time and received payment from the State of Maryland for his services.  The contractual agreement was completed.  He was not in duty status and therefore cannot receive participation points for retirement.

The complete DPP evaluation 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 11 Jul 08 for review and comment within 30 days.  As of this date, this office has received no response (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 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 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.  Title 32, of the United States Code, requires that ANG members performing funeral honors be on orders in order to receive service credit.  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 BC-2008-02213 in Executive Session on 17 Dec 08, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Letter, HQ ARPC/DPP, dated 7 Jul 08.
    Exhibit C.  Letter, SAF/MRBR, dated 11 Jul 08.

XXXXXXXXXX                                 
Panel Chair