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AF | BCMR | CY1999 | 9802435
Original file (9802435.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

. )  

IN THE MATTER OF: 

DOCKET NO:  98-02435 

COUNSEL:  NONE 
HEARING DESIRED:  NO 

Applicant  requests  that  his  records be  corrected  to  authorize 
entitlement to Reserve retired pay.  Applicant's submission is at 
Exhibit A .  
The  appropriate Air  Force office  evaluated  applicant's request 
and provided  an advisory opinion to  the Board  recommending the 
The  advisory  opinion  was 
application be  denied  (Exhibit C ) .  
forwarded to the applicant  for review and response  (Exhibit D). 
As of this date, no response has been received by this office. 
After  careful  consideration  of  applicant's  request  and  the 
available evidence of  record, we  find  insufficient evidence of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  rebutted  by  applicant. 
Absent persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 
Accordingly, applicant's request is denied. 
The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 
Members of the Board Ms. Martha Maust, Mr.  Jackson A. Hauslein, 
and Ms. Ann L. Heidig considered this application on 14 January 
of Air Force Instruction 
1999 in accordance with the provisions 
U.S.C. 1552. 
36-2603, and the governing statute, 10, 

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Panel Chair 

MAUST' 

Exhibits: 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  SAF/MIBR Ltr Forwarding Advisory Opinion 

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DEPARTMENT  OF  THE  AIR  FORCE 

HEADQUARTERS  AIR  RESERVE  PERSONNEL  CENTER 

SEP  2  8  1998 

MEMORANDW!M  FOR AEBCMR 

FROM: 

HQ  ARPC/DP 
6760 E Irvington  PL #I500 
Denver,  CO  80280-1500 

SUBJECT:  Application  for Correction  of  Military  Record, 

The requested  correction  cannot  be  administratively 

1. 
accomplished  a t  t h i s  headquarters. 

\ 

Applicant  i s  requesting  t h a t  h i s   record  be  corrected  to 

2. 
authorize  entitlement  t o  Reserve  retired pay  under  t h e  
provisions  of  T i t l e  10, United  S t a t e s  Code  (U.S.C.),  Section 
12731.  H e   claims  t h a t :  

a.  H e   served  15 years  on  a c t i v e  duty  as  a commissioned 

o f f i c e r ,   plus  4  years  a t  
UJ-1 

L 

b. H e   w a s   informed  t h a t   i f   he  completed  5  years  of 

Reserve  duty,  he  would  be  eligible,  upon  reaching  age  60, 
for retirement  b e n e f i t s .  

c.  Over  t h e  years  he  repeatedly  contacted  t h e  Air 

R e s e r v e s   and  w a s   assured  this w a s   still t h e   case  with  no 
r e s t r i c t i o n s   or other  conditions. 

d.  On  3 February  1998, he  began  a search for an 

H e   contacted  over  18 

assignment  to a c t i v e   Reserve  duty. 
responsible  and  cammand  l e v e l  Air Reserve  o f f i c e s   and 
secured  an IMA assignment. 
repeatedly  asked  t h e   question  as t o  h i s   s t a t u s .   H e   w a s  
never  t o l d  u n t i l   f i n a l  processing  on  27  A p r i l   t h a t   he  w a s  
i n e l i g i b l e   t o   serve and  thus  would  not  be  able t o  q u a l i f y  
f o r  retirement  b e n e f i t s   upon  attainment  of  age  6 0 .  

In  contacting  these  o f f i c e s  he 

, 

e. If he had been informed during his inquires that he 

had to complete his service prior to his Mandatory 
Separation Date, he would have done so. 

f. He was placed in voluntary retirement status ,at some 

point which meant he would have to take some action to 
initiate this voluntary transfer, which he did not do. 

3. The following is an analysis of the circumstances 
surrounding the case: 

a. A review of applicant's  master personnel record 

indicates that he completed 14 years 9 months and 4 days of 
satisfactory service as a commissioned officer in the 
regular Air Force.  His 4 years at the United States Air 
Force Academy is not credible for satisfactory service. 

b. 

Mandatory Separation (MSD) of 8 July 1993 
was based on the provisions of the Reserve Officer Personnel 
Act  (ROPA) in effect at the t h e .   ROPA mandated that 
officers in the grade of major who are not selected for 
promotion to lieutenant colonel be separated when they 
years and 30 days of commissioned service. 
was commissioned on 9 June 1965. 

left the Air Force in 1980, he had 
c. When 
months and  4 days of total active 
completed 
military service.  However, he still had almost 13 years 
before his MSD to fulfill the requirements for a Reserve 
retirement at age 60. 

d. To be eligible for a Reserve retirement at age 60, a 
member must complete 20 years of satisfactory service, with 
the last 8 qualifying years in a Reserve component. A 
satisfactory year of Reserve service is one in which a 
member earns a total of 50 points while assigned to a 
Reserve component.  These points are earned by obtaining 35 
points performing active duty or inactive duty training or 
by completing correspondence courses, and 15 points for 
being a member of the Air Force Reserve. 

e. On 28 February 1988, 

requested transfer to 
the retired Reserve effective 1 March 1988, by signing an AI? 
Form 131, Application for Transfer to the Retired Reserve. 

f. Without knowing when and who 
about the possibility of earning a 
to 1993, it's  difficult to determine the accuracy of the 
information he was given. 
there are no provisions in the law to assign him to an 
active Reserve position so that he can earn a Reserve 
retirement at age 60. 

contacted 
tirement prior 

Since his MSD has already passed, 

4. Recommend this application be denied.  Applicant does not 
have 20 years of satisfactory service with the last 8 years 
of qualifying service in a Reserve component.  He had 
sufficient time from the time he separated from the Air 
Force and prior to his MDS to complete the requirements for 
Reserve pay at age 60. 

k. 

5. Coordination with other staff offices is not required. 

6. Action official is Mr John Jiron, DSN  926-6369 or email 
address: jjiron@arpcmail.den.disa.mil, 



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