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
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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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