RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00806 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated into the Air Force Reserve (AFR) in order to obtain 20 years of satisfactory service. _________________________________________________________________ APPLICANT CONTENDS THAT: He was improperly discharged from the AFR and not allowed to achieve 20 years of satisfactory service to qualify for a Reserve retirement. He believes he was discharged due to being passed over a second time for promotion to the grade of major. He was not notified that his records met the FY04 mandatory major promotion board; or that his mandatory service date (MSD) was adjusted to 1 Jan 04. At the time of his discharge, he had 18 years, 2 months, and 24 days of satisfactory service and should have been allowed to complete 20 years by being placed in reserve sanctuary; however, he did not realize “reserve sanctuary” existed. Once placed in sanctuary, he would have had up to three years to complete 1.75 years of service and qualify for a Reserve retirement. He did not realize that he had been discharged until he contacted ARPC to inquire about possible jobs that might be available in order for him to continue in the AFR and acquire enough points to qualify for a Reserve retirement. It was through conversation with ARPC that he found out about reserve sanctuary; once the airman told him he had over 18 years of satisfactory service he realized he should not have discharged. In support of his request, the applicant provides personal statements, a copy of his discharge order, and a copy of his service history. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Applicant served in the Marine Corps from 15 Jan 81 through 8 Apr 88. After a break in service, he enlisted in the Regular Air Force on 5 May 88. On 9 Aug 88, he was discharged and accepted his commission on 10 Aug 88. He was discharged from the Regular Air Force on 31 Dec 92 and transferred to the AFR on 1 Jan 93. On 15 May 02, he was assigned to the Non-Participating Reserve Personnel Section (NNPRS). The applicant was discharged from the AFR on 1 Jan 04, in the grade of captain after completing 18 years, 2 months, and 24 days of satisfactory service. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends approval. DPP states the applicant had over 18 years of satisfactory service when he was transferred to the NNRPS in May 02. The reason for his transfer was for failing to acquire the appropriate skill level and for not participating in the AFR program in over a year; thus, he was not fulfilling his program requirements. However, he should have been afforded the opportunity to be placed in reserve sanctuary and allowed to complete his 20 years of satisfactory service. Had he been placed into sanctuary his MSD would have been adjusted three years which would have allowed him to participate and complete 20 years of satisfactory service. The DPP complete evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 April 2009 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. In this respect, we note that evidence has been introduced which clearly indicates the applicant should not have been discharged prior to completing his 20 years of satisfactory service. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility that the applicant should be granted relief in this case. Therefore, we recommend his records be corrected to the extent indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. He was not discharged from the Air Force Reserve on 1 January 2004; rather, he continued to be assigned to the Non- participating Ready Personnel Section (NNRPS). b. Under the provisions of Title 10, U.S.C., Section 12646, his new Mandatory Separation Date (MSD) is established as 1 December 2012. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-00806 in Executive Session on 29 Sep 09, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Feb 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPP, dated 23 Mar 09, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 3 Apr 09. Panel Chair