RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  99-01019
		INDEX CODE:  135, 135.02

		COUNSEL:  None

		HEARING DESIRED:  No

APPLICANT REQUESTS THAT:

He be awarded five (5) non-pay points for retention/retirement (R/R) year 22 Sep 97 to 21 Sep 98 in order to have this year credited as a good year toward retirement.

APPLICANT CONTENDS THAT:

His R/R year was changed on 6 Mar 99 after close out.  His date assigned to a participating status is 30 May 98.  He had only 4.5 months to earn his 50 points.  He pulled all required annual tours and Unit Training Assemblies (UTAs) since assigned.

In support of his appeal, the applicant provided a copy of his R/R date change, Reserve Order DA‑03392, dated 6 May 98, and an Air National Guard (ANG)/USAFR Point Credit Summary.

Applicant’s complete submission is attached at Exhibit A.

STATEMENT OF FACTS:

The Air Force indicated the applicant was relieved from the Air Force on 21 Sep 97 and transferred to the United States Air Force Reserve Non-Obligated Non-Participating Ready Personnel Section (NNRPS).  Members assigned to NNRPS may not participate in point gaining activities.

On 30 May 98, the applicant was relieved from the NNRPS and assigned to the numbered MSS at XXXXX AFB, XXXXXX.  Therefore, during his R/R year 22 Sep 97 to 21 Sep 98, he was eligible to participate for points from 30 May to 21 Sep 98.

During the timeframe the applicant was eligible to earn points, he accrued 14 active duty (AD) points and 16 inactive duty (IDT) points.

The applicant’s record for R/R year 22 Sep 97 to 21 Sep 98 currently shows 14 AD points, 16 IDT points, 0 Extension Course Institute (ECI) points, 15 membership points, 45 total and retirement points and an unsatisfactory year of Federal service.

The Reserve Order, dated 6 May 98, assigning the applicant to the numbered MSS showed an R/R date of 18 Sep.  After an audit of his Master Personnel Record, his R/R date was changed to 22 Sep.  He was informed of this change with a letter dated 6 Mar 99.

Prior to the R/R change, the applicant’s record showed he earned 14 AD points, 16 IDT points, 0 ECI points, 15 membership points, 45 total and retirement points and an unsatisfactory year of Federal service.  These points were aligned to coincide with the R/R year of 18 Sep 97 to 17 Sep 98.

AIR FORCE EVALUATION:

The Director of Personnel Program Management, ARPC/DP, reviewed this application and indicated that regardless of the four-day change to the applicant’s R/R date, the year in question was unsatisfactory for Federal service.  While the timeframe was short for the applicant to participate during the R/R year, it could have been possible for him to have a satisfactory Federal service year.  DP recommends this application be disapproved.

A complete copy of the Air Force evaluation is attached at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 24 May 99 for review and response.  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 probable error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that he should be awarded five non-pay points for R/R year 22 Sep 97 to 21 Sep 98 in order to have this year credited as a good year toward retirement.  His contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  We therefore agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Therefore, we find no compelling basis to recommend granting the relief sought.

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

The following members of the Board considered this application in Executive Session on 21 January 2000, under the provisions of Air Force Instruction 36‑2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 6 Apr 99, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DP, dated 5 May 99.
     Exhibit D.  Letter, AFBCMR, dated 24 May 99.