RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03011

 						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He be granted an Exception to Policy (ETP) for a satisfactory Retirement/Retention (R/R) year for 2012 to 2013.  

APPLICANT CONTENDS THAT:

He did not have a good year for retirement for 2012 to 2013.  His R/R year extends from 1 November to 31 October.  In 2012 to 2013, he only received 47 points rather than the required 50 points.  He requests he be granted an ETP for the additionl three points so he can be upgraded to a good year towards retirement.  He sought this waiver through the Virtual Military Personnel Flight (VMPF) but was told he was required to submit his application to the AFBCMR.

In 2013, he transferred from the Air Force Reserve to the Florida Air National Guard (FL ANG).  As detailed in the e-mail communique he provides, there were barriers to his accession and the paperwork was not processed properly which resulted in delays.  He was actually sworn into the FL ANG in September 2013 but had to be re-sworn in November 2013 as a result of the mistakes.  This caused him to be unable to drill with the FL ANG or his Reserve unit.  Additionally, in October 2013 there was a lengthy government shutdown which further delayed his joining the FL ANG.  

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

STATEMENT OF FACTS:

The applicant is in the Air National Guard (ANG) currently serving in the grade of major (O-4).

According to the applicant’s DD Form 388, Request for Conditional Release, he requested a conditional release from the Air Force Reserve on 8 October 2013.  On 21 October 2013, the request was approved by the Detachment 14, Program Manager; and the FL ANG Personnel Superintendent signed that the applicant was appointed in the FL ANG on 16 November 2013.   

The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

NGB/A1PO recommends denial.  The applicant was assigned to the Air Force Reserve during this timeframe and not the ANG.  The applicant was assigned to the FL ANG on 16 November 2013.  Due to the applicant not having his correct chain of command sign his release form, he was not approved for release from the Air Force Reserve until 15 November 2013.  He is requesting the ANG award him three additional points toward his retirement for a period of time he was not affiliated with the ANG.  The applicant should have pursued administrative remedy by working with the Air Force Reserve to have him awarded the three additional points for the time he spent in the Air Force Reserve.  

A complete copy of the NGB/A1PO evaluation is at Exhibit C.  

AFRC/A1K recommends denial. Granting the applicant three participation points for unaccomplished training to meet a satisfactory participation year is not warranted based on a review of the source documents provided and a review of the Personnel Record Display Application.  To grant relief would be contrary to the criteria established in DODI 1215.13, Ready Reserve Member Participation Policy, and AFI 36-2254v1, Reserve Participation. 

The applicant was an Individual Mobilization Augmentee under the Individual Reserve (IR) program within the Air Force Reserve.  In accordance with AFI 36-2254v1, members must accrue 50 total retirement points during the full R/R year to stay in the Ready Reserve.  A member may be excused for failing to accrue the 50 point minimum for personal hardship or other extraordinary circumstances; however, they do not receive credit for a satisfactory year of service for the year that is excused.  In addition, IMAs must have their Inactive Duty Training (IDTs) scheduled into the Unit Training Assembly Pay System Web (UTAPSWeb) not later than 15 August for the upcoming Fiscal Year (FY) and submit their Annual Training (AT) into the Air Force Reserve Order Writing System (AROWS) prior to 1 June for the respective year.

The applicant started his transfer request with the ANG recruiter in the June 2013 timeframe.  However, he failed to communicate and get the proper conditional release documentation accomplished through his assigned Detachment Program Management staff which caused the delay.  He also failed to accomplish the required 24 inactive duty points during his established R/R year and also did not provide proof of his FY12 scheduled training as required by AFI 36-2254v1.  Also, on 30 September 2013, an Air Reserve Component Network (ARCNet) message was sent out to all IMAs concerning the potential government shutdown and potential impacts.  

A complete copy of the AFRC/A1K evaluation, with attachments, is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 10 August 2016 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We note the applicant requests an ETP for award of three additional participation points to obtain credit for a good R/R year for 2012 to 2013; however, we do not find it would be in the interest of justice to award the applicant credit for a period of duty not performed.  Moreover, it appears the applicant’s delay in the transfer from the Air Force Reserve to the Air National Guard was a result of his own delay in obtaining the proper conditional release documentation.  We also note NGB/A1PO states the applicant has not exhausted all reasonable administrative remedies prior to submitting his application for relief to the AFBCMR and that he should have worked with AFRC to have them award him the additional points.  However, AFRC/A1K states the applicant has exhausted all administrative remedies.  In this respect, given the applicant was not in the ANG during the period for which he requests the three additional points and it appears ANG based their assessment on an assumption the Air Force Reserve could administratively correct the record; we agree with the AFRC/A1K opinion that the applicant has exhausted all available administrative remedies and his application is ripe for adjudication by the Board.  Accordingly, we agree with the opinion and recommendation of AFRC/A1K and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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.

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.

The following members of the Board considered AFBCMR Docket Number BC-2015-03011 in Executive Session on 6 October 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 13 July 2015, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records
	Exhibit C.  Memorandum, NGB/A1PO, dated 26 May 2016.
	Exhibit D.  Memorandum, AFRC/A1K, dated 10 June 2016, 
		       w/atchs.
	Exhibit E.  Letter, AFBCMR, dated 10 August 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.