RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00664

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be credited with 28 inactive duty points and pay for his time served with the Department of the Army, while he was a member assigned to the Air Force Reserve component.  

APPLICANT’S CONTENTIONS

During his transition from the Army to the Air Force Reserve, he was ordered to perform 28 Unit Training Assembly (UTA) days from Dec 2017 through Jun 2018 with the Army Reserve; however, after performing the duty, his appointment order to the Air Force Reserve was approved with a retroactive date of 29 Nov 17.   He has since received and paid a debt collection for $5,588.20 to the Defenses Finance and Accounting Service (DFAS) who requested the reimbursement for performing the 28 UTA days after he was officially separated from the Army.  

In support of his appeal, the applicant provides copies of his Leave and Earnings Statements and memoranda from his former Army chain of command, which all confirm that he was ordered to and did in fact perform IDTs from Dec 2017 through Jun 2018.  In addition, the applicant provides two letters from DFAS, which indicate that he was issued a debt collection and paid that collection in full for the amount of $5,588.20.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve captain (O-3).  

On 29 Nov 17, according to Reserve Order #PA-XXXXX, dated 4 Jan 18, the applicant was retroactively appointed to the Air Force Reserve.   

On 5 Mar 19, DA Form 5016, Chronological Statement of Retirement Points, shows that the applicant earned retirement points with the Army Reserve from 23 Jun 11 and ending 28 Nov 17. 

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 application.  After performing duty with the Army Reserve his appointment order to the Air Force Reserve was approved with a retroactive date of 29 Nov 17.  The applicant was subsequently not awarded points and his pay was recouped for duty that was performed with the Army while he was a member of the Air Force Reserve.  While they cannot advise whether the applicant was eligible for pay, but points should be awarded for the dates the applicant performed duty regardless of the branch or type of duty.  Since the applicant was retroactively assigned to the Air Force Reserve during the contested periods, DPTS recommends the applicant be placed on IDT status with the Air Force Reserve during the days that he performed duty with the Army.  

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 7 May 2021 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.  The Board also recognized the applicant should be reimbursed for the duty days performed.  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 the APPLICANT be corrected to show that he was credited with two (2) paid inactive duty (IDT) points for a total of 28 points during the following periods:  December 9-10, 2017; January 6-7, 2018; February, 10-11, 2018; March 3-4, 2018; April 7-8, 2018; May 5-6, 2018; June 2-3, 2018. 

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-2021-00664 in Executive Session on 14 Sep 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 11 Mar 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atchs dated 14 Apr 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 7 May 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.