RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01791
INDEX NUMBER: 135.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be assigned to the Retired Reserve as of 1 January 1986, and that
he be awarded all benefits associated with that action.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was 29 days (or one weekend drill) short of being eligible to
retire for pay from the Reserve. He states that he was not made aware
that his participation time with the North Dakota and Texas Air
National Guard would not be counted as satisfactory service, making
him one month short in the final accounting. He further states that
if he had been given proper counseling and guidance, he would have
been eligible to be transferred to the Retired Reserve.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
ARPC Form 168, Computation for AF Form 526, dated 9 August 2001,
reflects that the applicant served on active duty in the Regular Air
Force from 15 June 1965 to 1 December 1972. He was in civilian status
from 2 December 1972 to 15 December 1972. During the period 16
December 1972 to 8 April 1973, he served in the North Dakota/Texas Air
National Guard. From 9 April 1973 until 22 September 1976, he served
on active duty in the Regular Air Force. He returned to the Air
National Guard on 23 September 1976 until his discharge on 27 October
1986. The applicant completed a total of 19 years, 11 months, and 1
day of satisfactory Federal service.
An ANG/USAFR Point Credit Summary containing computerized information
on the applicant’s participation was provided to him for review on 27
October 1986.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPP recommended denial. They state that in order for the
period from 16 December 1972 to 8 April 1973 to be credited as
satisfactory service the applicant must have earned at least 16 points
during this period. They indicate that it appears that the applicant
stopped participating in December 1985 although he was not discharged
until 27 October 1986.
A complete copy of the Air Force evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 5 October 2001, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. As of this
date, no response has been received by this office (Exhibit D).
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After a careful review of
the evidence of record, we note that, except for the
retirement/retention period in question, the applicant had earned
sufficient points to be credited with over 19 satisfactory years of
Federal service. While we are not certain as to why the applicant did
not participate during the period January 1986 to October 1986, we
note that had he requested to be transferred to the Retired Reserve in
December 1985, he would have been eligible for retired pay at age 60.
Therefore, we believe that the applicant was not properly counseled
concerning this issue. In view of the above, we recommend that his
record be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a. He was discharged from the Air National Guard on 16 December
1985, rather than 27 October 1986, and on 17 December 1985, he was
transferred to the Headquarters Air Reserve Personnel Center.
b. On 18 December 1985, he was transferred to the Retired
Reserve, in the Reserve grade of Technical Sergeant, with entitlement
to retired pay at age 60.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 19 December 2001, under the provisions of AFI 36-
2603:
Mr. Terry A. Yonkers, Panel Chair
Mr. E. David Hoard, Member
Ms. Barbara J. White-Olson, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 June 2001.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPP, dated 28 September 2001.
Exhibit D. Letter, SAF/MIBR, dated 5 October 2001.
TERRY A. YONKERS
Panel Chair
AFBCMR 01-01791
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that:
a. He was discharged from the Air National Guard on
16 December 1985, rather than 27 October 1986, and on 17 December
1985, he was transferred to the Headquarters Air Reserve Personnel
Center.
b. On 18 December 1985, he was transferred to the Retired
Reserve, in the Reserve grade of Technical Sergeant, with entitlement
to retired pay at age 60.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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