RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01285 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be credited with an additional 23 days of active duty for pay and points. ________________________________________________________________ THE APPLICANT CONTENDS THAT: Through no fault of his own; after completing 23 days of active duty, he was not credited with pay or points due to administrative problems resulting from his transfer from the Air National Guard to the Air Force Reserve. The applicant was advised by the Reserve unit officials and the Base Individual Mobilization Augmentee Administrator (BIMAA) that he would be able to stay on orders and be paid for his participation. However, he was later advised by his gaining major command that he could not be paid. He filed a complaint through the Inspector General office; however, they advised the applicant that the gaining unit completed their actions in accordance with proper guidelines and directives. In support of his appeal, the applicant provides a personal statement; copies of his Leave and Earnings Statements (LESs); email correspondence, and other supporting documents and computer printouts. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the available records, the applicant was conditionally released from the ANG, on 30 May 2010 and transferred to the Air Force Reserve, effective 31 May 2010. The applicant’s AF Form 526, Air National Guard/Air Force Reserve Point Credit Summary, reflects the applicant completed the following: During Retention/Retirement (R/R) Year Ending 3 Aug 10, he was credited with 318 active duty (AD) points, 64 inactive duty training (IDT) points and 15 membership points, with a total 397 points, and 365 retirement points. The applicant’s LES reflects that he has a debt of $1742.25 for the period of 1 – 15 Jun 10. In addition, his LES reflects that he was paid and credited for the following training periods: 16 – 29 Jun 10 AD 30 Jun – 11 Jul 10 IDT 1 – 15 Aug 10 AD On 9 Sep 10, the Wing Inspector General (IG) dismissed the applicant’s claim, noting that AFNWC/DP followed Air Force procedures and regulations and is unable to pay him for any mandays worked prior to his status changing and his records transferring to the Reserve system. In addition, they noted: 1) He was not eligible to work mandays until both his Physical Training (PT) and medical records were in the Reserve system; 2) Not all of the required actions were complete at the time he worked the mandays referenced in his complaint; 3) He was awarded points for some of the mandays referenced in his complaint. ________________________________________________________________ THE AIR FORCE EVALUATION: AFRC/A1K recommends denial, stating, in part, that they agree with the Wing IG. Additionally, they noted that the applicant failed to specify exactly what dates of duty he performed. The complete AFRC/A1K evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 29 Jul 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 error or injustice warranting partial relief. The applicant contends he was not credited with pay or points for 23 days of active duty he served due to administrative problems with his transfer from the ANG to AFR. The Air Force Reserve office of primary responsibility agrees with the Kirtland AFB IG office that the applicant was not eligible to work mandays until his PT and medical records were in the reserve system. However, the evidence of record reveals the applicant was gained from the ANG to RMG Det 13 effective 31 May 10. The Command Manday Allocation System (CMAS) authorization was received 6 Aug 10, requesting MPA for the period of 31 May 10 to 30 Sep 10. Consequently, it appears that due to no fault of the applicant, he served additional days of what he believed to be paid active duty days in good faith and was never advised he was not eligible until after the fact. In view of the above, we believe the applicant has established reasonable doubt that the circumstances surrounding his active duty tour were through no fault of his and elect to resolve any doubt in this matter in favor of the applicant. Notwithstanding, the above, while the applicant requests 23 additional days of active duty, it appears that he was afforded an alternative resolution which resulted in him receiving a total of 365 retirement points for the retirement year ending 3 Aug 10. As such, we believe that rather than awarding the applicant the 23 additional days he has requested, awarding an additional 15 days of active duty will provide him full and fitting relief. While the applicant will not gain additional points for retirement, his record will reflect active duty for the period of 1–15 Jun 10. Therefore, we recommend the applicant’s record be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that for Retention/Retirement Year 4 August 2009 through 3 August 2010 he be credited with an additional fifteen (15) paid active duty (AD) points for the period from 1 – 15 June 2010; resulting in 333 active duty points; sixty-four (64) inactive duty training (IDT) points; and fifteen (15) membership points, and that this period was a year of satisfactory Federal service. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-01285 in Executive Session on 1 December 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 Mar 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC/A1K, dated 21 Jul 11. Exhibit D. Letter, SAF/MRBR, dated 29 Jul 11. Panel Chair