RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04147 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He receives 18 participation points for the retention/retirement year period of 25 September 2010 through 24 September 2011. 2. He receives 41 participation points for the retention/retirement year period of 25 September 2011 through 24 September 2012. ________________________________________________________________ APPLICANT CONTENDS THAT: 1. On 4 October 2010, he transferred from the Air Force (AF) Reserve to the Air National Guard (ANG). He swore in on 7 October 2010, and started performing military duty as a C-l30 Navigator shortly thereafter. On 13 December 2010, he was informed that the Air National Guard Bureau noticed an issue with his transfer package and moved him to a “gray area” status until the issue was resolved. On 20 December 2010, his ANG unit’s Chief of Personnel informed him that until the issue was resolved, he would not be able to participate in the ANG. The Chief of Personnel thought they would write an exception to policy letter to their State Headquarters and request that he be allowed to remain in the ANG as an active member receiving pay and points. 2. In January 2011, despite being in a “gray area” and his transfer issue not yet resolved, he was informed that he was eligible to be submitted to the next Lieutenant Colonel (Lt Col) promotion selection board. Work continued on his exception to policy letter and on 22 June 2011, he was informed that he was promoted to Lt Col, effective 1 October 2011. The personnel department decided that he should transfer back to the AF Reserve and then return to the ANG after 1 October 2011, as a Lt Col. On 27 July 2011, he was transferred back to the AF Reserve but was unable to perform duty due to the original transfer error that was still being resolved. 3. On 1 October 2011, the ANG personnel section informed him that their State Headquarters ruled that he would not be allowed to join the ANG and that he was being assigned to the Individual Ready Reserve (IRR) in Denver, Colorado. He petitioned the AF Reserve to allow him to stay assigned with them but they refused stating that the ANG hired and promoted him and that he needed to stay with the ANG for the remainder of his career, or retire. In February 2012, he started working with an AF Reserve recruiter to find a position. The recruiter immediately located two Lt Col positions at his former unit where he had spent nearly 24 years. They were willing to bring him back to fill a shortage of qualified experienced navigators but an issue arose with the Operations Group Commander and he denied his rehire request. 4. In April 2012, he channeled a request to higher AF Reserve authorities and his local congressional representative for their thoughts on the matter. Shortly thereafter, he interviewed with the wing commander of his previous AF Reserve unit and was rehired. On 7 July 2012, he attended a weekend Unit Training Assembly (UTA), his first military duty in over a year. In support of his request, the applicant submits a personal statement, his NGB Form 22, Department of the Army and Air Force National Guard Bureau Report of Separation and Record of Service, copies of his point credit reports. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserve in the grade of Lieutenant Colonel. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: 1. ARPC/DPTS recommends approval. DPTS states there is no clear evidence or requirement that the applicant should have been assigned to a non-participating status while the Air National Guard reviewed his situation. Moreover, he was given a green light during this time to perform duty as an Air Force Admissions Liaison Officer (ALO). 2. On 10 August 2011, the applicant was separated from the Air National Guard (ANG) and assigned to the Non-obligated Non- Participating Ready Personnel Section for failure to obtain a conditional release per AFI 36-3209, paragraph 2.3.2. Since he was assigned to a non-participating status, he was not permitted to earn points. During the time the applicant claims he was not permitted to perform duty, he offered proof that he served as an ALO. He provided documentation that he performed non-paid inactive duty from 26 November 2010 to 26 May 2012. However, the eleven non-paid inactive duty points he earned were not sufficient to complete satisfactory years of service for 24 September 2011 and 24 September 2012. The complete ARPC/DPTS evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In further support of his request, the applicant submits a letter dated 6 March 2014, that states he concurs with the ARPC/DPTS recommendation. The applicant’s complete response is at 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 to warrant relief. We took notice of the applicant's complete submission in judging the merits of the case and we agree with the opinion and recommendation of the Air Force office of primary responsibility that correction of the applicant’s participation points and service credit is warranted. Accordingly, we recommend that his records be corrected to the extent 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: a. He was awarded eighteen (18) additional non-paid inactive duty training points for retention/retirement year 25 September 2010 through 24 September 2011, resulting in 50 total points; and the period 25 September 2010 through 24 September 2011, is a year of satisfactory Federal service. b. He was awarded nine (9) additional non-paid inactive duty training points for retention/retirement year 25 September 2011 through 24 September 2012, resulting in 50 total points; and the period 25 September 2011 through 24 September 2012, is a year of satisfactory Federal service. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 22 April 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04147 was considered: Exhibit A. DD Form 149, dated 27 August 2013, w/atchs. Exhibit B. Letter, ARPC/DPTS, dated 22 October 2013, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 28 February 2014. Exhibit D. Letter, Applicant, dated 6 March 2014. 1 2