RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-02533

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Her record be corrected to credit her with 80 active duty days, earned while serving as a temporary employee in the Texas Air National Guard between 1997 and 1998.

APPLICANT’S CONTENTIONS

She was misled regarding her duty status and believed she would receive active duty service credit vs civilian service credit.  This discrepancy later caused her pay grade at appointment to be reduced from O-2E to O2, due to incorrect time in service. She attempted to have this corrected through the Case Management System (CMS) and MyPers with no resolution.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force major (O-4). 

According to Special Order ACD-01502, effective 28 Apr 16, the applicant is permanently disability retired and is credited with 28 years, 1 month and 14 days of service for pay, with 17 years, 3 months, and 22 days of active service for retirement.   

According to Point Credit Summaries, the applicant was credited with 76 active duty points for the period of 14 Mar 97 through 13 Mar 98 and 165 points for the period of 14 Mar 98 through 13 Mar 98.  

According to Reserve Appointment Order D-0033, effective 25 Oct 02, the applicant was appointed to the grade of first lieutenant (O-2).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  The applicant received 60 active duty points for 1997 and 181 active duty points for 1998.  The applicant did not provide specific dates or documentation to support additional active duty time for that period.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 16 Oct 19 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-02533 in Executive Session on 12 May 2020 and 15 May 2020:

Panel Chair
Panel Member
Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 Apr 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 4 Sep 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 16 Oct 19.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.