RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03239

XXXXXXXXXX	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 13 Nov 19 to 12 Nov 20 in the Air National Guard (ANG).

APPLICANT’S CONTENTIONS

He has eighteen years (18) of satisfactory service instead of nineteen (19) because he was prohibited from performing drills between Oct 19 and Jul 20.  Although he had backing from various military leadership, his squadron commander would not support his reinstatement in Oct 19, but rather an honorable discharge.  On 18 Mar 20, he received notification of the commanding general granting him reinstatement, but due to Covid-19 restrictions, which limited the number of personnel in buildings, his next scheduled drill was not performed until Aug 20.  He has thirty-nine (39) total points towards retirement; however, Air Force Instruction did not restrict him from performing regularly scheduled drills between Oct 19 and Jul 20.  He miss the minimum requirement for a satisfactory year by twelve (12) points.  As such, he should be credited with fifty (50) points from Oct 19 to Jul 20, or at a minimum fifteen (15) points for Mar 20 to Jul 20 since he was reinstated on 18 Mar 20, to make up for his unsatisfactory drill year.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard technical sergeant (E-6).  

In Sep 19, according to documentation submitted by the applicant, he acknowledged notification of his commander’s intent to recommend him for an Under Other Than Honorable Conditions (UOTHC) discharge, under Air Force Instruction (AFI) 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve, due to misconduct (drug abuse).    

On 31 Oct 19, according to documentation submitted by the applicant, he was offered a conditional waiver of his rights associated with an administrative discharge board hearing contingent on receipt of an honorable discharge. 

On 18 Mar 20, according to documentation submitted by the applicant, his General Commander retained him in the Air National Guard.

According the ANG/USAFR Point Credit Summary Inquiry (PCARS) Service History, submitted by the applicant, dated 29 Sep 21, he was credited with the with the following Active Duty (AD), Inactive Duty for Training (IDT), membership (MBR), and retirement points from 2019 to 2020:

R/R Year	AD	IDT	MBR	Retirement	Satisfactory Service (Year)	
*13 Nov 19 – 12 Nov 20	4	20	15	39	000000	
*Unsatisfactory Years

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

APPLICABLE AUTHORITY

Air Force Instruction (AFI) 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members:

3.21.3. Commission of Serious Offense. Discharge under this section is authorized if the specific circumstances of the offense warrant separation or discharge and a punitive discharge would be authorized for the same or a closely related offense under the UCMJ or state military code. Offenses serious enough to warrant consideration under this section include, but are not limited to the following:

3.21.3.2. Drug Abuse. Process members for discharge for misconduct based on drug abuse. Since drug abuse is not compatible with Air Force standards, it's essential that careful consideration be given when deciding whether to rehabilitate or retain members who are verified drug abusers in the Air Force.

AFI 36-2254, Reserve Personnel Participation:

Table 1.2. Excusing Members for Failure to Perform Minimum Prescribed Training Duties, Note 3.  A unit commander or RMG/CC have the authority to excuse or deny a member to take part in pay or point gaining activities if the member is being processed for involuntary reassignment to an appropriate subcategory of the IRR or the Standby Reserve according to AFI 36-2115; or if the member is being processed for involuntary separation action according to AFI 36-3209, or court-martial charges have been preferred against a member.

AIR FORCE EVALUATION

NGB/A1PP recommends denying the application.  The documentation provided is not sufficient to support the applicant’s claim.  The applicant would need to submit a Letter of Notification, Waiver of Discharge and the Wing’s policy on drill attendance for airman pending administrative action.  

The complete advisory opinion is at Exhibit B.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 22 Nov 21 for comment (Exhibit C), 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 not 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 does not substantiate the applicant’s contentions.  The Board notes that in regards to AFI 36-2254, the applicant’s commander was within his authority to excuse or deny him to take part in pay or point gaining activities while being processed for involuntary separation in accordance with AFI 36-3209.  Therefore, 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-2021-03239 in Executive Session on 1 Feb 22:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 29 Sep 21.
Exhibit B:	Advisory Opinion, NGB/A1PP, w/atchs, dated 18 Nov 21.
Exhibit C:	Notification of Advisory, SAF/MRBC to Applicant, dated 22 Nov 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.