RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04431

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Eleven points from her Retention/Retirement (R/R) year for period 25 May 11 to 24 May 12 be transferred to her R/R year for period 25 May 12 to 24 May 13, which will allow her to have two satisfactory years.   

APPLICANT’S CONTENTIONS

During her R/R year for period 25 May 11 to 25 May 12, her supervisor requested that she serve two Annual Tours (AT) due to mission requirements.  She informed her supervisor of her R/R date and that she needed to perform her AT after 25 May 12, but her supervisor advised her that she needed to serve on the requested dates or not serve at all [sic].

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve major (O-4).  

According to the applicant’s Point Credit History Report, the applicant received 66 membership points for period 25 May 11 to 24 May 12 and 41 membership points and for period 25 May 12 to 24 May 13.

On 30 Aug 18, a memorandum from the applicant’s supervisor and provided by the applicant, indicates that her AT during was scheduled based on mission requirements and requests that the applicant’s record be corrected to reflect a good year for period 25 May 12 to 24 May 13.  

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 partially granting the application.  Based on the applicant’s supervisor’s recommendation and analysis of the facts, there is evidence of an error or injustice in the fact that the applicant received an unsatisfactory year of service.  However, it is contrary to AFMAN 36-2136 to move points between R/R years, instead, nine non-paid Inactive Duty Training (IDT) points should be awarded to the applicant during her R/R year 25 May 12 to 24 May 2013.  This in-turn, would give her the required points needed to receive a satisfactory year of service. 

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 21 Feb 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 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 substantiates the applicant’s contentions in part.  Specifically, the applicant has provided evidence that mission requirements precluded her from earning enough points during her R/R year for period 25 May 12 to 24 May 13, which is sufficient to justify granting the applicant’s request to provide her with a year of satisfactory service.  However for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board agrees with DPTS that points should not be moved between R/R years.   Therefore, the Board recommends correcting the applicant’s records as indicated below.

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 pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show she was awarded nine (9) non-paid Inactive Duty Training and nine (9) membership points for the Retention/Retirement Year from 25 May 2012 to 24 May 2013; resulting in 50 total points and a satisfactory year of Federal service.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2019-04431 in Executive Session on 13 Apr 20:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 21 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atchs, dated 02 Dec 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 21 Feb 20.

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.