RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02767
INDEX CODE: 136.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reinstated in the grade of lieutenant colonel (0-5) as a retired
member of the Air Force Reserve with full eligibility for retirement
benefits in accordance with applicable laws and regulations.
_________________________________________________________________
APPLICANT CONTENDS THAT:
For retirement, current law requires completion of the last six years
of Reserve service regardless of the sequence of previous Reserve or
active service. His satisfactory service involved seven (7) years of
active service (1969-1976), two (2) years in the Air National Guard
(1977-1979), six (6) years of active service (1979-1985), and five (5)
years in the Reserve (1986-1988, 1990, 1992), for a total of 20 years
of satisfactory service, with a final rank of lieutenant colonel.
Denial of his retirement is not consistent with the emphasis on the
Total Force concept.
In support of his appeal, the applicant provided an expanded
statement, a chronological summary of his military service, and
extracts from his military personnel records.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained in the
letters 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/DPP, reviewed
this application and recommended denial. DPP noted that the applicant
completed 20 years, 4 months, and 20 days of satisfactory federal
service. According to DPP, the applicant’s record indicated that he
actively participated with the United States Air Force Reserve (USAFR)
until 1989. From 1989 until 3 Nov 95, the date he was transferred to
the Inactive Status List Reserve Section (ISLRS) for nonparticipation,
he had only two (2) years of satisfactory federal service. He was
discharged on 14 Apr 98.
DPP stated that the applicant was notified of the criteria for
eligibility for Reserve retired pay at age 60 and earned only two
(2) years of satisfactory federal service in a 9-year period.
According to DPP, the applicant did not complete the last six (6)
years satisfactorily in a Reserve component as required by law. There
are no provisions under the law for waiver of this requirement.
A complete copy of the DPP evaluation is at Exhibit C, with
attachments, is at Exhibit C.
Pursuant to the Board staff’s request, DPP reviewed this application
and corrected their initial advisory opinion to read that the
applicant did not complete the last eight (8) years satisfactorily in
a Reserve component as required by law, rather than six (6) years.
DPP again recommended denial.
A complete copy of the DPP evaluation is at Exhibit F.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the initial advisory opinion and furnished a
response which is attached at Exhibit E.
Applicant reviewed the corrected advisory opinion and furnished a
response and additional documentary evidence, which are attached at
Exhibit H.
_________________________________________________________________
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. The applicant's
complete submission was thoroughly reviewed and his contentions were
duly noted. However, we do not find the applicant’s assertions or the
documentation presented in support of his appeal sufficiently
persuasive to override the rationale provided by the Air Force office
of primary responsibility (OPR). Therefore, in the absence of
evidence that the applicant met the criteria for eligibility for
Reserve retired pay at age 60, we adopt the Air Force rationale and
conclude that no basis exists 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 22 Mar 01, under the provisions of AFI 36-2603:
Mr. Patrick R. Wheeler, Panel Chair
Ms. Barbara J. White-Olson, Member
Mr. Albert F. Lowas, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Oct 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 4 Jan 01, w/atchs.
Exhibit D. Letter, SAF/MIBR, dated 2 Feb 01.
Exhibit E. Letter, applicant, dated 17 Feb 01.
Exhibit F. Letter, ARPC/DPP, dated 12 Feb 01.
Exhibit G. Letter, AFBCMR, dated 15 Feb 01.
Exhibit H. Letter, applicant, dated 18 Feb 01, w/atchs.
PATRICK R. WHEELER
Panel Chair
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