RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02902

xxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His two retention and retirement (R/R) years, 20 May 18 through 19 May 19 and 20 May 19 through 19 May 20, be updated to reflect satisfactory years towards retirement.

APPLICANT’S CONTENTIONS

His R/R date was reflecting incorrectly in his Career Data Brief (CDB) as 21 Nov when in fact his R/R date is 20 May.  This data error caused him to perform duty outside of his R/R year which resulted in unsatisfactory years towards retirement.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force Reserve (AFR) technical sergeant (E-6). 

On 22 Sep 16, DD Form 214, Certificate of Release or Discharge from Active Duty, reflects the applicant was honorably discharged in the grade of staff sergeant (E-5) after serving ten years, ten months, and two days of active duty.  He was discharged, with a narrative reason for separation “Completion of Required Active Service.”
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On 20 May 16, AF IMT 1288, Application for Ready Reserve Assignment, indicates the applicant was approved for assignment in the Air Force Reserve.

Dated 30 Sep 16, Reserve Order XXXXXXX indicates the applicant enlisted in the AFR for 6 years, effective 23 Sep 16.

Dated 4 Sep 20, the applicant’s AFR Enlisted CDB, which he provided, shows his R/R as 21 Nov. 

Dated 14 May 21, the applicant’s points summary, which he provided, shows he earned 44 retirement points for the period of 20 May 18 through 19 May 19 and 47 points for the period of 20 May 19 through 19 May 20.

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 granting the applicant’s request by adding 6 non-paid inactive duty points to R/R year 20 May 2018 – 19 May 2019 and 3 non-paid inactive duty points to R/R year 20 May 2019 – 19 May 2020, finding evidence of an error or injustice due to the applicant’s CDB reflecting inaccurate data.  The applicant’s CDB incorrectly reflects his R/R date as 21 Nov. This date was previously determined by another office because the member was enlisted in the Regular Air Force and that was his initial entry into active duty.  However, this date is determined by initial entry into active service for Air Reserve Component (ARC) members in accordance with AFMAN 36-2136, Reserve Personnel Participation, Table 2.4.  The misinformation in the member’s CDB could have reasonably been the cause of the applicant’s performing duty outside of his correct R/R years.  This resulted in him earning less than the 50 points required for a satisfactory year.  The applicant acted in “good faith” that his R/R date was correct and he did adequately participate in those faulty R/R years.  An administrative correction was done correct the applicant’s R/R date in his CDB to accurately reflect 20 May which matches his initial entry into active 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 11 Mar 22 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.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show he was credited with six (6) non-paid inactive duty points for Retention/Retirement Year 20 May 2018 through 19 May 2019 and three (3) non-paid inactive duty points for Retention/Retirement year 20 May 2019 through 19 May 2020.

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-2021-02902 in Executive Session on 17 May 22:

, 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 8 Aug 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atchs, dated 6 Mar 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 11 Mar 22.

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.