RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02537
INDEX CODE: 135.02
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be given a satisfactory year for retirement year ending (RYE) 1 October
1993.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Upon his release from active duty, he transferred to the Air Force Reserve
and never received an orientation from his unit of assignment on the
requirements needed for proper credit toward a good year for retirement.
The Individual Mobilization Augmentation (IMA) program leaves a lot of room
for improvement. Members are left to seek for themselves any personal
support they need. He is now with the Air National Guard where the
newcomers are briefed and educated. If he had that support upon his
assignment to the Cat B position in the Air Force Reserve, he would not be
asking for the credit. He admits that it was his responsibility to review
his AF Form 526, ANG/USAFR Point Credit Summary, but it wasn’t until he
thought he had 20 years and was planning for retirement that he discovered
he did not have proper credit. It was the recommendation of his Military
Personnel Flight to apply for this correction.
In support of his application, the applicant submits copies of AF Form 526,
DD Form 214 (Certificate of Release or Discharge from Active Duty), AF Form
1288 (Application for Ready Reserve Assignment) and ARPC Reserve Order JE-
1626. The applicant’s submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 1 October 1992, the applicant was released form the Regular Air Force in
the grade of staff sergeant (E-5). He was credited with 11 years and 10
days of active duty service. On 2 October 1992 he transferred to the Air
Force Reserve as a Category B IMA attached to the 391 Security Police
Squadron at Goodfellow AFB, TX. On 12 March 1993 he was released from the
Air Force Reserve and was assigned to the Air Nation Guard at Selfridge, MI
where he is currently serving in the grade of master sergeant (E-7). For
the Reserve/Retirement (R/R) Year 2 October 1992 to 1 October 1993, he was
credited with 1 active duty point, 28 inactive duty points and 15
membership for a total of 44 points. Subsequent to that time, he has
earned satisfactory years of Federal service. Information in the Personnel
Data System (PDS) reveals that, as of the Retirement Year Ending (RYE) 1
October 2000, he was credited with 18 years and 10 days of satisfactory
Federal service.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPP indicated that when individuals are assigned to Reserve units
they are given information regarding their participation requirements for
the position. Title 10, United States Code, Section 12732 requires an
individual to accrue 50 points per retention/retirement year for
satisfactory service. There are no provisions in the law to waive the
minimum point requirement. The applicant earned 44 points for retention
year ending 1 October 1993. Since there is no indication an error or
injustice occurred, DPP recommends the application be denied. A complete
copy of the advisory is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the applicant for
review and response. As of this date, this office has received no response
(Exhibit D).
___________________________________________________________________
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. We took notice of the
applicant's complete submission in judging the merits of the case to
include his assertion that he was not adequately briefed on the
requirements for his position upon entering the Air Force Reserve.
However, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the basis for
our conclusion that the applicant has not been the victim of an error or
injustice. Furthermore, the Board is of the opinion it was incumbent upon
the applicant to be aware of what constituted a satisfactory year of
federal service towards his retirement. 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 11 December 2001, under the provisions of AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. William E. Anderson, Member
Mr. Lawrence R. Leehy, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Aug 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 29 Oct 01.
Exhibit D. Letter, SAF/MIBR, dated 9 Nov 01.
PEGGY E. GORDON
Panel Chair
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