RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04149

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His New York Army National Guard (NYARNG) drill status points for 1997-1999 be reflected towards his Air Force retirement points history. 

APPLICANT’S CONTENTIONS

His points did not carry forward.

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

STATEMENT OF FACTS

The applicant is currently serving as a master sergeant (MSgt/E-7) in the Air National Guard (ANG).

On 21 Jun 96, the applicant was discharged from the ARNG, and was credited with 1 year, 6 months, and 29 days of active service.

On 30 Nov 99, the applicant enlisted in the ANG.

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 has not provided the source documentation, NGB Form 23B, Points History Statement, from the NYARNG, required to update his points record from 1997 to 1999.  The applicant claims to have earned drill points during from 23 Jan 97-29 Nov 99, in the NYARNG.  Required documentation NGB Form 23B is not available to support this claim.  On 27 Oct 15, via MyPERS incident 151027-002914, the applicant was directed to supply a copy of his NGB Form 23B from the NYARNG.  The requested/required documentation was not provided.  On 23 Oct 19, via MyPERS incident 191023-003162, the applicant’s Army record was requested from the National Personnel Records Center (NPRC); however, records were not located. 

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 12 Mar 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was 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.  The applicant has not provided the required source document.  Upon receipt of NGB Form 23B, the applicant’s case can be reopened.  Therefore, the Board recommends against correcting the applicant’s records.

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-2019-04149 in Executive Session on 28 Apr 20:

, 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 22 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 2 Dec 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 Mar 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2019-04149, as required by AFI 36-2603, paragraph 4.11.9.