RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03480
INDEX CODE: 135.02
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Five days of satisfactory service be granted to give him 20 years of total
satisfactory service or he be awarded two (2) Inactive Duty Training (IDT)
points for Retirement/Retention (R/R) year ending 25 August 1987 and that
he be made eligible for Reserve retired pay at age 60.
__________________________________________________________________
APPLICANT CONTENDS THAT:
He would like to meet the eligibility criteria for retired pay at age 60.
On 22 November 2002, he will be 60 years of age. It would be in his best
interest if this Board considers him eligible after 20 years of faithful
service.
In support of his application, he provides documents associated with his
Army Reserve and Air National Guard participation, and copies of the Air
Reserve Personnel Center Fact Sheet regarding the Retired Reserve,
Retirement Benefits and his Point Credit Summaries for Guard and Reserve
service. His complete submission, with attachments, is at Exhibit A.
__________________________________________________________________
STATEMENT OF FACTS:
On 29 April 1988, the applicant was discharged from the Air National Guard
and as a Reserve of the Air Force. Applicant’s NGB Form 22, Report of
Separation and Record of Service, indicates the reason for his discharge
was under the provisions of ANGR 39-10, paragraph 3-20, “Resign for Own
Convenience.” He was credited with 23 years, 4 months and 4 days of total
service for pay. As of the Reserve Year Ending (RYE) 29 April 1988, he was
credited with 19 years, 11 months and 20 days of satisfactory Federal
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 B.
__________________________________________________________________
AIR FORCE EVALUATION:
APRC/DPP recommends the application be denied. DPP states that the
applicant did not complete 20 years of satisfactory service as required by
Title 10, U.S.C., Section 12731; therefore, he is not eligible for Reserve
retired pay at age 60. He had the opportunity to complete his service
before he requested discharge since he could have stayed in a participating
status until 4 May 1989, his expiration term of service. ARPC/DPP
evaluation, with attachments, is at Exhibit B.
__________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 17
January 2003 for review and response within 30 days. As of this date, this
office has received no response (See Exhibit C).
__________________________________________________________________
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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the evidence
presented, we are not persuaded that the favorable consideration of the
applicant’s request is appropriate. The applicant’s performance history
indicates that as a member of the Air National Guard since 1976, he
consistently met the required training points necessary for a satisfactory
year. We believe he should have been familiar with the guidelines required
for eligibility for Reserve retired pay at age 60. We find it a bit
perplexing, however, that the applicant chose to resign for his own
convenience prior to establishing eligibility for Reserve retired pay and
offers no explanation as to why he elected this option. As the Air Force
office of primary responsibility indicates, the applicant had the
opportunity to complete his service before he requested discharge since he
could have continued to participate until 4 May 1989, his expiration term
of service. Therefore, we are in complete agreement 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. 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 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 3 April 2003, under the provisions of AFI 36-2603:
Mr. Jackson A. Hauslein, Jr, Panel Chair
Ms. Marcia J. Bachman, Member
Mr. Christopher Carey, Member
The following documentary evidence for AFBCMR Docket Number 02-03480
was considered:
Exhibit A. DD Form 149, dated 21 May 2002, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 16 Dec 02, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 17 Jan 03.
JACKSON A. HAUSLEIN, JR
Panel Chair
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