RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-02819
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  YES

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THE APPLICANT REQUESTS THAT:

His 12 additional Unit Training Assemblies (UTAs) credited for Retention/Retirement Year Ending (RYE) Nov 08 be moved to RYE Nov 09.
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THE APPLICANT CONTENDS THAT:

Prior to going on an active duty deployment, he performed 12 Rescheduled UTAs in Oct 08 to be credited in RYE Nov 09 so that he would receive credit for a 
year of satisfactory Federal service in RYE Nov 09 rather than RYE Nov 08.  

His request to perform UTAs in advance was carefully planned, researched, coordinated and approved by all levels of his chain 
of command.  He requested to complete his UTAs in advance because of his civilian (federal) employer’s requirement to send 
someone to serve 13 months overseas.    He volunteered to serve this requirement under hostile conditions from 15 Nov 08 thru Dec 09.

In support of his appeal, the applicant provides a personal statement; electronic mail correspondence; copies of Reserve 
Point Service History, National Guard Bureau (NGB) Form 105S, Authorization for Individual Inactive Duty Training and various other documents associated 
with his request.

The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

During the RYE 3 Nov 08, the applicant was credited with 1 active duty point, 84 Inactive Duty Training (IDT) points, 
15 membership points, totaling 100 points and a satisfactory retirement year.

During the RYE 3 Nov 09, the applicant was credited with 
10 active duty points and 15 membership points, totaling 
25 points and an unsatisfactory retirement year.

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THE AIR FORCE EVALUATION:

ARPC/DPTS recommends denial stating, in part, that claims of 
misunderstanding and conflict with State Department duties 
aside, granting this request would be contrary to 10 USC 
§12732 expanded in Department of Defense Instruction (DoDI) 
1215.7.  Moreover, even if the 12 IDTs the applicant performed 
in Oct 08 were relocated to RYE 2009, he would still have less 
than the 50 retirement points required for a year of 
satisfactory service per DoDI 1215.7.

In addition, the applicant did not perform the duty in RYE 3 Nov 
09, he performed it in RYE Nov 08.  There is no provision in law 
brought forward in DoDI 1215.7 to accommodate his request.  His 
Retention/Retirement date is 4 Nov set on 4 Nov 95 when he 
returned to active Reserve status from a 2 May 86 to 3 Nov 95 
break in service.  This anniversary date was established in 
accordance with to 10 USC §12732 and the DoDI 1215.7, paragraph 
1.c.  To receive the participation credit he requests he would 
have been required to perform the duty between 4 Nov 08 and 3 
Nov 09.

The complete DPTS evaluation, with attachment, is at Exhibit B.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 6 Dec 13 for review and comment within 30 days.  As 
of this date, no response has been received by this office 
(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 Reserve office of primary responsibility and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice.  In view of the above and in the absence of evidence to the 
contrary, we find no basis to recommend granting the relief sought in this application.

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 issue(s) involved.  Therefore, the request for a hearing is not favorably considered.
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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 Docket Number BC-2013-02819 in Executive Session on 3 Apr 14, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 6 Jun 13, w/atchs.
     Exhibit B.  Letter, ARPC/DPTS, dated 18 Nov 13, w/atch.
     Exhibit C.  Letter, SAF/MRBR, dated 6 Dec 13, w/atchs.
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