Search Decisions

Decision Text

AF | BCMR | CY2000 | 0000927
Original file (0000927.doc) Auto-classification: Denied




                       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

Similar Decisions

  • AF | BCMR | CY1999 | 9900815

    Original file (9900815.doc) Auto-classification: Denied

    If the Board grants the request, the cost of premiums should be deducted from payments. He provided documentation that clearly indicates the Ready Reserve Mobilization Income Insurance Program was established by Congress to provide coverage for Reservists who have been issued an order to involuntary active duty for covered service under the authority of Title 10, USC, Section 12304. ___________________________________________________________________ The following members of the Board...

  • AF | BCMR | CY2001 | 9800833

    Original file (9800833.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-00833 INDEX CODE: 131.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) for promotion to the grade of staff sergeant, Air National Guard, be changed from 1 Sep 96 to 1 May 83, which would allow him to be promoted to the grade of technical sergeant effective 15 Nov 97. However, when he...

  • AF | BCMR | CY2003 | BC-2002-03576

    Original file (BC-2002-03576.DOC) Auto-classification: Denied

    DPP states that since the applicant never enlisted with the --- ANG or any other ANG unit she cannot be re-instated. DPPRSR states that the PALACE CHASE program requires the member to sign a contract in which the member agrees to serve two times whatever is currently owed to the Air Force in an Air Reserve Component unit. Exhibit E. Letter, SAF/MRBR, dated 11 Apr 03.

  • AF | BCMR | CY1999 | 9802405

    Original file (9802405.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The Chief, Skills Management Branch, AFPC/DPPAE, reviewed this application and indicated that a review of applicant’s military personnel records revealed an AF Form 418 (Selective Reenlistment/Noncommissioned Officer Status Consideration), dated 25 Jul 88, denying her reenlistment. A complete copy of the Air Force evaluation is attached at Exhibit...

  • AF | BCMR | CY2003 | BC-2002-00310

    Original file (BC-2002-00310.doc) Auto-classification: Denied

    The applicant is seeking to have the loans paid that were incurred during the time he was erroneously separated from active duty (two consecutive years before the AFBCMR corrected his record and he was reinstated on active duty). The applicant’s complete submission, with attachments is at Exhibit F. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: Pursuant to the Board’s request, the following advisory opinion is provided concerning the...

  • AF | BCMR | CY2002 | 0102255

    Original file (0102255.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02901 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: The duty title for the Officer Preselection Brief and the Promotion Recommendation Form reviewed by the Calendar Year 1998A (CY98A) Central Colonel Selection Board should be changed to “Dental Residency Flight Commander,” and he be given promotion...

  • AF | BCMR | CY1999 | 9700427

    Original file (9700427.doc) Auto-classification: Denied

    _________________________________________________________________ RESUME OF CASE: On Dec 97, the Board considered and denied applicant’s request to change his DOR to Jun 94 (Exhibit E). _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The Chief, Utilization, ANG/DPPU, reviewed the additional information from the applicant and indicated that after careful consideration of the additional documentation, the applicant has not provided sufficient...

  • AF | BCMR | CY1999 | 9700427A

    Original file (9700427A.doc) Auto-classification: Denied

    _________________________________________________________________ RESUME OF CASE: On 11 Dec 97, the Board considered and denied applicant’s request to change his DOR to 9 Jun 94 (Exhibit E). _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The Chief, Utilization, ANG/DPPU, reviewed the additional information from the applicant and indicated that after careful consideration of the additional documentation, the applicant has not...

  • AF | BCMR | CY1999 | BC-1997-00427A

    Original file (BC-1997-00427A.doc) Auto-classification: Denied

    _________________________________________________________________ RESUME OF CASE: On 11 Dec 97, the Board considered and denied applicant’s request to change his DOR to 9 Jun 94 (Exhibit E). _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: The Chief, Utilization, ANG/DPPU, reviewed the additional information from the applicant and indicated that after careful consideration of the additional documentation, the applicant has not...

  • AF | BCMR | CY1999 | 9802595

    Original file (9802595.doc) Auto-classification: Approved

    She enlisted on 11 Jun 98 and the college transcript is dated after the fact. A complete copy of the Air Force evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 14 Dec 98 for review and response. WAYNE R. GRACIE Panel Chair INDEX CODE: 131.05 AFBCMR 98-02595 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the...