RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00052

XXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  An investigation be started on the 177th Fighter Wing Training Section for failing to properly schedule Inactive Duty for Training (IDT) dates.

2.  He receive credit for a satisfactory year in the Air National Guard (ANG) for retention/retirement (R/R) year 21 Mar 17 to 20 Mar 18.

2.  His date of rank (DOR) be adjusted based on the aforementioned satisfactory year of service.  

APPLICANT’S CONTENTIONS

He enlisted in the ANG in Mar 17; however, during his first year in the service he was told not to attend drill weekend, which forced him to have a “bad year.” 

In support of his appeal, the applicant provides screenshots of e-mails, which indicate various months of drill weekends were cancelled or he was told not to attend.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an ANG senior airman (E-4).

On 21 Mar 17, according to DD Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, and Special Order P-179 the applicant entered an eight year enlistment in the ANG in the pay grade of E-1 and was assigned to the 177th Student Flight.

According to ANG/USAFR Point Credit Summary Inquiry (PCARS), the applicant was credited with the following Active Duty (AD), Inactive Duty for Training (IDT), membership (MBR), and retirement points for his 2017 to 2019 Retention/Retirement (R/R) years:

R/R Year	AD	IDT	MBR	Retirement	Satisfactory Service (Year)	
*21 Mar 17 - 20 Mar 18	14	14	15	43	000000	
  21 Mar 18 - 20 Mar 19	293	26	15	334	010000	
  21 Mar 19 – 20 Mar 20	316	4	15	335	010000	

**R/R year the applicant requests pay and points for a satisfactory service.

On 17 Jun 17, the applicant was promoted to the grade of E-3. 

On 12 Mar 20, the applicant was promoted to the grade of E-4.

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 applicant’s request for a satisfactory year of service.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice. While the applicant received 47 retirement points for R/R year 21 Mar 17 to 20 Mar 18, he failed to reach the minimum 50-point requirement and did not receive sufficient points to qualify for satisfactory service.  However, an inspector general review was conducted on student flight practices within the 177th Fighter Wing that revealed a failure by the organization to properly schedule members for training.  Consequently a number of airmen did not achieve satisfactory participation while assigned to the student flight.   The 177th Force Support Squadron’s practice of limiting student flight participation, sporadic cancelations, and failure to reschedule unit-training assembly is an injustice to the applicant.  Since the applicant did not physically perform the duty, and it is not within the scope of the Board to waive law or DoDI policy, it is recommended the Board authorize the applicant three [sic] equivalent training (ET) points, which can be performed in a non-pay status and are authorized to count towards retirement.

Notwithstanding the above, they recommend denying the applicant’s request to adjust his DOR.   The applicant’s date of rank would have been computed according to the date he entered initial active duty for training.  As such, promotion to senior airman is based on time in service, time in grade, and the recommendation of the commander.

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 Apr 21 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 and finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the Board notes the applicant provided sufficient evidence he was not provided adequate opportunities to earn a satisfactory year of service.  While NGB/A1PP recommends granting satisfactory service for R/R year ending 20 Mar 18, their calculations incorrectly indicate that three points would provide him sufficient points for a satisfactory year; however, based on the applicant’s PCARS summary, he currently has 43 total points for R/R year ending 20 Mar 18.  Therefore, an additional seven points are required to reach the 50-point minimum for a satisfactory year of service.  Given that, the applicant was not afforded the opportunity to complete his regularly scheduled drills and the fact that he is seven points shy of achieving a satisfactory year of service, the Board concludes there is sufficient evidence to justify awarding the applicant additional equivalent training (ET) points.  Notwithstanding the above, the Board recommends denying the applicant’s remaining requests.  In this regard, the Board notes an IG investigation has already been completed and found errors in the unit’s drill scheduling practices.  Finally, the Board concurs with NGB/A1PP that the applicant’s DOR would not have been affected by the unsatisfactory year of service ending on 20 Mar 18.  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 be awarded an additional seven (7) non-paid equivalent training points for retirement/retention year 21 Mar 17 to 20 Mar 18, and this period is a year of satisfactory 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-2021-00052 in Executive Session on 24 Jun 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 Dec 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, dated 8 Apr 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 Apr 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.