RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00505

XXXX XXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

She be awarded Extension Course Institute (ECI) reserve retirement (R/R) points for courses she completed from 2011 to 2015.

APPLICANT’S CONTENTIONS

The National Defense Authorization Act (NDAA) of 2008 enacted an annual inactive points limit modification and 10 USC 12733 was changed to allow Reservists to be credited up to 130 inactive points per anniversary year, the change was effective any anniversary year ending after 30 Oct 07.  

From Aug 2003 to Aug 2006, she served as a 62E, Developmental Engineer, which was her secondary Air Force Specialty Code (AFSC) until the Points Management Branch stipulated that 62E must be her primary AFSC.  Her chain of command approved the change and she served as a 62E until she transferred into the Army Reserves in 2015. 

In Aug 2009, she was hired as an Air Force Civilian, Electronics Engineer. She signed an agreement to complete her certification within two years and had no other Defense Acquisition University (DAU) coursework.  She maintained her continuing education; however, she did not need additional courses in her civilian capacity as of Oct 2011.

In Sep 2009, she transferred to the Georgia Air National Guard.  From 2009 until 2011, the Air Reserve Personnel Center (ARPC) honored her request for R/R points. 

In 2011, the ARPC Points Management Branch stipulated that she provide written approval from her commander.  Once provided, she was then required to submit an individual training plan.  She obtained approval for correspondence coursework and took that as a “go” to develop a training plan for the other engineers in her squadron. Since 2011, all of her requests have been denied. ARPC searched and reviewed her civilian employment records, which she contends, was a privacy act violation.  

She contends until the Air Force issues an AFGM (Air Force Guidance Memo), changing the policy, they have the responsibility to honor the efforts of Reservists and Guardsmen who, in good faith, take the time to complete the courses.  The Points Management branch has continually denied her service credit, to include mandatory requirements based on regulation and deployment orders from Joint Knowledge Online (JKO) and the Air Force Institute of Technology (AFIT).  They also denied service credit for Federal Emergency Management Agency (FEMA) courses she was strongly encouraged to take in support of Georgia’s ANG Homeland Emergency Response Force team.

She is a Reservist in an active status as defined by 10 USC 10141 and this service is credited toward non-regular retirement since it is in service in an active status as a member of the Reserve component.  It is a gross miscarriage of justice to penalize Reservists for additional knowledge simply because someone feels that a dual persona is somehow gaming the system.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Reserve major who was honorably discharged effective 8 Nov 2015.  She is currently a lieutenant colonel serving in the Army Reserve.

Documentation submitted by the applicant reflects on 27 Feb 2015, the Secretary of the Air Force Legislative Liaison (SAF/LL) replied to a Congressional Inquiry on behalf of the applicant.  In its response, SAF/LL noted points for correspondence courses are credited to Reserve component members upon receipt of transcripts or completion certificates confirming courses were completed while in Selected Reserve status for the purpose of unit readiness.  Air University certifies compliance with the law and Department of Defense (DoD) guidance when they issue correspondence course completion transcripts to Reserve members.  When updating courses hosted by non-Air Force organizations, the Points Management Branch must rely on Reserve member’s compliance with the law and DoD guidance when requesting Reserve retirement points.

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  In 2011, the Office of the Secretary of Defense began restricting services that were indiscriminately awarding ECI points causing Points Management to reassess the ECI point’s award.  

DODI 1215.07 enclosure 3, states the use of electronic based learning and methodologies must have been identified by the Secretary concerned for the purpose of accomplishing unit readiness or training requirements.  DAU, AFIT, FEMA, ADLS and JKO courses have not been identified by the Secretary of the Air Force for these purposes.

Additionally, the Air Force Institute for Advanced Distributed Learning (AFIADL) has not determined the number of study hours awarded for Air Force Institute for Advanced Distributed Learning (ADLS) courses.  

Credit for ADLS is confined to reservists in a duty status and enrolled in AFIADL courses. Reservists who complete developmental education via ADLS must register for the course though their servicing Force Support Squadron or equivalent in order to receive point credit.  Reservists are not authorized to enroll directly with other service schools offering developmental education and will not receive credit.  The applicant was in a civilian status for all DAU classes and not eligible to receive point credit. 

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 28 Apr 2020 for comment (Exhibit D), and the applicant replied on 10 Jun 2020.  In her response, the applicant contended for many years, one R/R point per three correspondence hours was a widely accepted practice by all military departments until the NDAA raised the limit to 130 IDT points.  She contends the guidance in the advisory opinion is not relevant as these regulations were issued well after the period in question.  

The applicant’s response is at Exhibit E.

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 that absent the courses being identified by the Secretary for the purposes of unit readiness or training requirements 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-2020-00505 in Executive Session on 14 Dec 2020:

XXXX XXXXX, Panel Chair 
XXXX XXXXX, Panel Member
XXXX XXXXX, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 11 Feb 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atchs, dated 24 Mar 2020.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 28 Apr 2020.
Exhibit E:	Applicant’s response, dated 10 Jun 2020.

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.