RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  02-01340
                                        INDEX CODE 135.02
                                        COUNSEL:  None

                                        HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His first year in the Reserves be credited as a  good  year  toward  a
reserve retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He separated from the Air Force 30 Sept 98 after serving over 15 years
of active duty service.  He joined the reserves on 1 Oct 98.  He is  a
member of the 2096th Squadron, serving his reserve time  at  Elmendorf
AFB, AK.  When he joined the reserves, he was told by  recruiters  and
the Medical Forces Program Manager that he would need  to  be  in  the
reserves for 6 years before he could retire  from  the  reserves,  and
that he was credited a good year toward retirement for the May  98-May
99 retirement/retention year.  (Because of the AD  time  from  May  98
until Oct 98).  He understands now that he actually  has  to  serve  8
years in the reserves before he is eligible for retirement.   This  is
different from what he was originally told, but he is okay with  this.
His concern is the issue of his first year in the  reserves.   He  was
just told last week that he didn't receive credit for that first year.
 He was under the impression that this had already  been  waived.   He
had addressed this previously.  He could  only  find  one  email  that
states that his waiver was granted.  He hates to lose an  entire  year
because of communication problems.  He would have been happy to  start
his reserve training in Oct 98, but didn't because  he  felt  he  have
already had a good year.  He began his reserve training  Oct  99,  and
has had good years each subsequent year.

In support of his appeal, he submits a personal statement, a  copy  of
the waiver request and a copy of an email.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________



STATEMENT OF FACTS:

The applicant was credited with a good year for the period 21  May  98
to 20 May 99; however, this  is  not  a  year  of  qualifying  Reserve
service.  The applicant was on active duty from 21 May 98  through  30
Sept 98 (a total of 133 days).  For the period 1 Oct 98 through 20 May
99, the applicant was in the USAFR  and  he  earned  4  Inactive  Duty
Training points and 10 membership points, for a total  of  14  points.
Fourteen points are not sufficient points to make this period  a  good
partial year of service.  In  addition,  even  if  the  applicant  had
earned sufficient points to make the period 1 Oct 98 through 20 May 99
a good partial year, he would have been credited with  only  7  months
and 20 days of qualifying Reserve service.

The remaining 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 at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommended disapproval.  The applicant seems to be confusing
his fiscal year (FY) with his  retention/retirement  (R/R)  year.   He
states he was told that he did not receive credit for  his  first  R/R
year.  He also believes he received a "waiver"  for  this  year.   The
"waiver" the applicant received was for his  FY  requirement  not  the
Reserve service  requirement.   The  Reserve  service  requirement  is
established by law and cannot be waived.  According  to  his  records,
the applicant was credited with a good year for the period 21  May  98
to 20 May 99; however, this is not a year of qualifying Reserve serve.


The ARPC/DPP evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 3 Jul 02, for review and comment.  As of  this  date,  no
response has been received by this office.

_________________________________________________________________

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 an  error  or  injustice.   We  took  notice  of  the
applicant's complete submission in judging the merits of the  case  to
include his contentions that he was  briefed  by  recruiters  and  the
Medical Forces Program Manager that he would be credited with  a  good
year towards his reserve retirement for his retirement/retention (R/R)
year May 1998 through May 1999.  While the applicant was credited with
a good year of service, we note that is was not a year  of  qualifying
Reserve service because during his May 98-May  99  R/R  year  he  only
served in the Reserve from 1 October 1998 to 20 May  1999  earning  14
points.  Therefore, we agree with the opinion  and  recommendation  of
the Air  Force  and  adopt  their  rationale  as  the  basis  for  the
conclusion that the applicant has not been the victim of an  error  or
injustice. 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 Docket  Number  02-01340
in Executive Session on 18 September 2002, under the provisions of AFI
36-2603:

                 Mr. Charles E. Bennett, Panel Chair
                 Mr. Michael V. Barbino, III, Member
                 Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 Apr 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, ARPC/DPP, dated 20 Jun 02.
      Exhibit D. Letter, SAF/MRBR, dated 3 Jul 02.





      CHARLES E. BENNETT
      Panel Chair