RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01688 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1.  He be awarded 10 retirement points per month for each month between 1 Apr 14 through 28 Feb 15, 110 points. 2.  The redacted Officer Performance Report (OPR) rendered for the period of 4 Aug 09 through 3 Aug 10 be removed from this records and replaced with an AF Form 77, Letter of Evaluations (LOE). (Administratively Corrected) APPLICANT CONTENDS THAT: As part of his appeal of BC-2012-03153, he request retirement points be awarded at the rate of 10 points per month between 1 Apr 14 to a proposed reinstatement date. In the previous decision, dated 11 Mar 15, the Board declined to award these point on the basis that he had yet been reinstated and to take such action would be premature. He was invited to make a new application for retirement points after he was reinstated. He was reinstated into the Air Force Reserves and assigned to a unit in March 2015 so the issue of retirement points for the requested period is ripe for a decision. The original AFBCMR decision awarded him 199 IDT points annually for the period of 4 Aug 10 through 3 Aug 13. He was also previously awarded 79 points for the period of 4 Aug 13 through 31 Mar 14, or roughly 10 points per month. He is now requesting, in line with previous decisions, to be awarded retirement points at the same rate from the period of time between 1 Apr 14 through 28 Feb 15, or 110 points total. This request is made to make him whole since his reinstatement was delayed and he was unable to perform inactive duty for training, annual training, or additional training days during that period. 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 (O-5). On 29 Sep 14, the AFBCMR directed the pertinent military records of the applicant be corrected to show among other things: a.  His record reflect the award of an additional 36 non-paid Inactive Duty Training (IDT) points for retention/retirement year 4 Aug 08 through 3 Aug 09. b.  His record reflect the award of 119 paid IDT points for retention/retirement year 4 Aug 10 to 3 Aug 11, for a satisfactory year of service. c.  His record reflect the award of 119 paid IDT points for retention/retirement year 4 Aug 11 to 3 Aug 12, for a satisfactory year of service. d.  His record reflect the award of 119 paid IDT points for retention/retirement year 4 Aug 12 to 3 Aug 13, for a satisfactory year of service. e.  He be reassigned to an Air Force Reserve Category E participation program position within 120 days of this directive. On 21 Jan 15, the AFBCMR directed the pertinent military records of the applicant be corrected to show that he was awarded 79 additional paid IDT points for retention/retirement year ending 4 Aug 14, for a satisfactory year of service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/DPTS recommends denial indicating there is no evidence of an error or an injustice. They opine the applicant had sufficient time to complete 35 participation points to achieve a year of satisfactory service for his current anniversary ending 3 Aug 15. That said, he already achieved a year of satisfactory service for anniversary years ending 3 Aug 14 which includes the period of 1 Apr 14 through 3 Aug 14. A complete copy of the ARPC/DPTS evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant refutes the OPR opinion and argues that while ARPC/DPTS believes he had sufficient time to complete 35 participation points to achieve a year of satisfactory service, they would be wrong. Simply put, while on paper, he was reinstated, effective 1 Apr 14, the fact is he did not begin to in-process until he was contacted to do so on 10 Feb 15. He notes the 24 Apr 14, Point Credit Summary from HQ ARPC/DPTS accurately shows his first participation points awarded were on 7 Mar 15. This was after he made a request in January 2015, through his Senator’s office. He also notes that his Reserve Order is dated 26 Nov 15, yet has an effective date of 1 Apr 14. The fact of the matter is since he was not processed into his unit until March 2015, he had no opportunity to earn participation points from April 2014 to March 2015. Further, he has not been fully restored into his new unit due to the length of time it takes for his security clearance to be updated. Because of this, he is ineligible to participate in some unit activities. A complete copy of the applicant’s rebuttal is at Exhibit E. 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 an error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal response, we believe the applicant is the victim of an injustice. While we note the comments of ARPC/DPTT indicating relief should be denied because the applicant was able to accrue sufficient points to make the period in question a satisfactory year of service for retirement purposes; however, in view of the fact the applicant was unable to perform this period of service due to substantiated reprisal, we believe it appropriate to correct the applicant’s records to reflect he was awarded points he would have earned had he not been subjected to the reprisal and discharged. Furthermore, we believe it appropriate to correct the record to reflect the points awarded be paid so as to be consistent with the relief fashioned during the previous consideration of the applicant’s case where this Board granted paid constructive reserve service. Therefore, we recommend the applicant’s records be corrected as indicated below. 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 RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was awarded 10 paid Inactive Duty Training (IDT) points for retention/retirement for each month; starting 1 April 2014 through 28 February 2015, for satisfactory service, totaling 110 points. The following members of the Board considered AFBCMR Docket Number BC-2015-01688 in Executive Session on 2 Feb 16 under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 2 Apr 15, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, ARPC/DPTS, dated 1 May. Exhibit D.  Letter, SAF/MRBR, dated 7 Jul 15. Exhibit E. Letter, Applicant, dated 23 Jun 15.