RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-00873
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His transfer to the Retired Reserves be corrected or changed to
entitle him to full, or at least partial, benefits.
2. He be credited with sufficient number of satisfactory retirement
years to qualify for retirement.
3. His four years in the Reserve Officer Training Corps (ROTC) be
considered as satisfactory retirement years.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal are at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by the
appropriate office of the Air Force. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Directorate of Personnel Program Management, ARPC/DP, reviewed this
application and states that the applicant did not complete 20 years of
satisfactory service and is not eligible for Reserve retired pay or any
benefits associated with such pay. Therefore, they recommend denial of his
requests.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and provided a response
which is attached at Exhibit E.
_________________________________________________________________
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. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case; however,
we agree with the opinions and recommendations of the Air Force and adopt
their rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no compelling basis to recommend granting
the relief sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable material error or injustice; that the application
was denied without a personal appearance; and that the application will
only be reconsidered upon the submission of newly discovered relevant
evidence not considered with this application.
The following members of the Board considered this application in Executive
Session on 10 February 1999, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Vaughn E. Schlunz, Member
Mr. Walter J. Hosey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jun 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DP, dated 15 Sep 98, w/atchs.
Exhibit D. Letter, SAF/MIBR, dated 5 Oct 98.
Exhibit E. Letter, Applicant, dated 6 Nov 98, w/atchs.
RICHARD A. PETERSON
Panel Chair
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-00873 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. _________________________________________________________________ AIR FORCE EVALUATION: The Directorate of Personnel Program Management, ARPC/DP, reviewed this application and states that the applicant did not complete 20 years of satisfactory service...
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AF | BCMR | CY1999 | BC-1997-01034A
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Since there was no provision of law that permits receipt of retired pay unless this requirement has been met, the Board agreed with the Air Force evaluation and found no basis to recommend granting the relief sought. A copy of the Record of Proceedings is attached at Exhibit F. Applicant, with counsel, has submitted an application, dated , requesting reconsideration of his earlier request to grant an additional two years of Reserve service to be eligible to receive Reserve retired pay at...
Since there was no provision of law that permits receipt of retired pay unless this requirement has been met, the Board agreed with the Air Force evaluation and found no basis to recommend granting the relief sought. A copy of the Record of Proceedings is attached at Exhibit F. Applicant, with counsel, has submitted an application, dated 16 June 1998, requesting reconsideration of his earlier request to grant an additional two years of Reserve service to be eligible to receive Reserve...