RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03414

XXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be credited with one (1) year of satisfactory service for his retirement/retention (R/R) year 24
 Sep 14 to 23 Sep 15 in the Air National Guard (ANG).  

APPLICANT’S CONTENTIONS

When he entered the ANG on 24 Sep 14, he was assigned to the 177th Fighter Wing (FW) Student Flight and was told he wasn’t allowed to attend the first two months of Unit Training Assembly (UTA) periods, because he needed to be gained into the system.  Furthermore, throughout his first year he was often told he could only attend on certain months and his unit failed to reschedule the missed UTAs.  Due to the inconsistencies of the wing’s attendance policy, he did not receive a satisfactory year. 

In support of his appeal, the applicant provides a memorandum, dated 23 Oct 20 from the 177th FW Inspector General (IG) office.  The memorandum indicates the IG conducted a review of the Student Flight practices and revealed that from 2014 to 2019 there were a number of members assigned to the wing who did not achieve satisfactory participation years.  It further notes, that it was caused by the faulty practices of the Force Support Squadron (FSS), which often limited drill participation to one day per month, had sporadic cancelations and failed to properly reschedule UTA periods for their members.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an ANG staff sergeant (E-5).  

On 24 Sep 14, the applicant initially entered the XXXX ANG.  

According to the PCARS report provided by the applicant, he was not credited with any points for Oct or Nov of 2014, as well as, Apr, Jun and Jul of 2015.   In addition, the report shows that from 2014 to 2019 he was credited with the following Active Duty (AD), Inactive Duty for Training (IDT), membership (MBR), and retirement points:

R/R Year	AD	IDT	MBR	Retirement	Satisfactory Service (Year)	
*24 Sep 14 – 23 Sep 15	8	24	15	47	000000	
24 Sep 15 – 23 Sep 16	253	32	15	300	010000	
24 Sep 16 – 23 Sep 17	135	44	15	230	010000	
24 Sep 17 – 23 Sep 18	40	28	15	83	010000	
24 Sep 18 – 23 Sep 19	120	34	15	169	010000	
*Unsatisfactory Years

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

AIR FORCE EVALUATION

NGB/A1PP, recommends granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice. The 177th Force Support Squadron’s practice of limiting student flight participation, sporadic cancelations, and failure to reschedule UTAs is an injustice to the applicant.  

However, since the applicant did not physically perform the duty, and it is not within the scope of the AFBCMR to waive law or DoDI policy, it is recommended that the Board authorize the applicant four (4) equivalent training (ET) points for the off-duty time he spent completing his DoD security clearance application in Nov of 2014.  As such, ET points can be performed in a non-pay status and are authorized to count towards retirement.

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 11 Mar 21 for comment (Exhibit D), and the applicant replied on 11 Mar 21.  In his response, the applicant states that he accepts the OPRs recommendation.  The applicant’s complete 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 the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1PP and finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board notes, the memorandum from the 177th FW/IGI, dated 23 Oct 20, indicating that the applicant did not achieve satisfactory participation in part or directly as a result of the 177th Force Support Squadron’s practice of limiting student flight participation, sporadic cancelations, and failure to reschedule unit-training assembly.  Given that, the applicant was not afforded the opportunity to complete his regularly scheduled drills and the fact that he is only three (3) points shy of achieving a satisfactory year of service, the Board concludes there is sufficient evidence to justify awarding the applicant equivalent training points.  However, for the remainder of the applicant’s request, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  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 that he be awarded an additional four (4) non-paid equivalent training points in retirement/retention (R/R) year 24 September 2014 to 23 September 2015; thus receiving an additional one (1) year of career satisfactory 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-2020-03414 in Executive Session on 14 Apr 21:

, 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/atchs, dated 5 Nov 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, w/atchs dated 11 Mar 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 11 Mar 21.
Exhibit E:	Applicant’s response, dated 11 Mar 21.

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.