RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-00927
INDEX CODE: 128.00, 128.14
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He receive payment of the Ready Reserve Mobilization Income
Insurance Program (RRMIIP) annuities for having completed qualifying
service from 18 Mar 98 to 13 Aug 98 (during the Presidential
Selected Reserve Call-Up (PSRC)), with entitlements, plus interest,
less premium payments.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 18 Oct 97, he was notified verbally by his commander that he
would be deployed beginning 18 Mar 98. He requested written
notification of the activation and issuance of orders for the period
of the PSRC starting in Mar 98 before the signing of the Fiscal Year
1998 (FY98) National Defense Authorization Act (NDAA), which
terminated the RRMIIP, and therefore qualifies for payment of
benefits.
In support of his appeal, the applicant provided a 19-page statement
with 36 attachments.
Applicant’s complete submission is attached 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 Chief, Personnel operations Branch, ANG/DPFOC, reviewed this
application and indicated that the FY98 NDAA terminated the RRMIIP
effective 18 Nov 97. The NDAA and guidance from the Assistant
Secretary of Defense for Reserve Affairs states that a Reservist
would qualify for payment of benefits if on or before 18 Nov 97 the
Reservist was issued an order to involuntary active duty for covered
service under the authority of Section 12304, Title 10, United
States Code (USC). Section 12304 addresses the PSRC.
DPFOC states that the applicant was not issued orders until 17 Mar
98 and did not qualify under the criteria stated in the NDAA. His
unit was not notified of specific requirements for the PSRC by
Headquarters Air Combat Command (ACC) until 12 Mar 98 per message
121429Z Mar 98. His request for issuance of orders in Oct 97 does
not constitute his qualification for benefits. The orders issuing
headquarters did not have the authority to legitimately issue the
orders. Therefore, denial of relief is recommended.
A complete copy of the Air Force evaluation is attached at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the Air Force evaluation and provided a 13-page
response, with attachments, nonconcurring with the advisory opinion.
Applicant’s complete response, with attachments, 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that he should be given the requested relief. His
contentions are duly noted; however, we do not find these assertions,
in and by themselves, sufficiently persuasive to override the
rationale provided by the Air Force. We note that the FY98 NDAA
terminated the RRMIIP effective 18 Nov 97. The applicant was not
issued orders until 17 Mar 98, after the FY98 NDAA terminated the
RRMIIP, and, therefore, did not qualify under the criteria stated in
the NDAA. In view of the foregoing, we agree with the recommendation
of the Air Force and adopt the rationale expressed as the basis for
our decision that the applicant has failed to sustain his burden that
he has suffered either an error or an injustice. Therefore, we find
no compelling basis to recommend granting the relief sought.
_________________________________________________________________
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 9 November 2000, under the provisions of Air
Force Instruction 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Marcia J. Bachman, Member
Mr. Clarence D. Long, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Mar 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ANG/DPFOC, dated 30 Jun 00.
Exhibit D. Letter, AFBCMR, dated 21 Jul 00.
Exhibit E. Letter fr applicant, dated 31 Jul 00,
w/atchs.
WAYNE R. GRACIE
Panel Chair
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