RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01109

XXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

She be credited with one (1) year of satisfactory service for Retention/Retirement (R/R) year 12 Jan 18 – 11 Jan 19.

APPLICANT’S CONTENTIONS

After she enlisted in the Air National Guard (ANG) on 12 Jan 18, she received an email instructing Student Flight members not to attend the Regular Scheduled Drills (RSD) until they were gained into the system.  On 4 Apr 18, she received notification she was gained into the system and to attend only the Saturday RSDs.  These instructions prevented her from receiving the required points necessary for a satisfactory year of service.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving ANG senior airman (E-4).

On 12 Jan 18, the applicant initially entered the ANG.

According to ANG Point Credit Summary report, she was credited with the with the following Active Duty (AD), Inactive Duty for Training (IDT), membership (MBR), and retirement points from 2018 to 2020:

R/R Year	AD	IDT	MBR	Retirement	Satisfactory Service (Year)	
*12 Jan 18 - 11 Jan 19	10	10	15	35	000000	
  12 Jan 19  - 11 Jan 20	142	50	15	207	010000	
*Unsatisfactory Year

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 upon documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice.  According to  32  U.S.C. §502,  “Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the National Guard, unless excused by the Secretary concerned, shall assemble for drill and instruction, including indoor target practice, at least 48 times each year.” The applicant’s FSS was in error by directing its Student Flight members to only participate in half of each scheduled RSD.  This was detrimental to the applicant and kept him from receiving the necessary points required for a satisfactory year of service.

According to 10 U.S.C. §10147, each person who is enlisted, inducted, or appointed in an armed force and who becomes a member of the Ready Reserve under any provision of law except section 513 or 10145(b) of this title, shall be required, while in the ready reserve to: participate in at least 48 scheduled drills or training periods during each year and serve on active duty for training of not less than 14 days (exclusive of travel time) during each year, or; serve on active duty for training not more than 30 days during each year.

Additionally, according   DoDI 1215.06 Uniform Reserve, Training, and, Retirement Categories for the Reserve Components, qualifying years of creditable service for non-regular pay are defined as the time Air National Guard or Reserve Service members must serve to be eligible for non-regular retired pay at age 60 years or earlier if the member is credited with qualifying active service.  Individuals must have at least 20 years of service, unless otherwise provided in law, in which they received at least 50 points.

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 25 May 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 NGB/A1PP and finds a preponderance of the evidence substantiates the applicant’s contentions. 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 APPLICANT be corrected to show that she be awarded an additional fifteen (15) non-paid IDT points for R/R year  12 Jan18 to 11 Jan19, and this period is a year of satisfactory federal service. 

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-2022-01109 in Executive Session on 16 Jun 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 6 Apr 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, w/atch, dated 20 May 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 25 May 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.