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AF | BCMR | CY2003 | BC-2002-02519
Original file (BC-2002-02519.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02519
            INDEX CODE:  110.03

      BRUCE A. BUCK    COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge from the Air  Force  Reserve  on  14  November  1997  be
revoked and he be assigned to the  Retired  Reserve,  effective     29
August 1996, or, as an alternative he be allowed to  enter  a  Reserve
position.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He  was  involuntarily  discharged,  under  the   Reserve   Transition
Assistance Program (RTAP), before he  could  serve  the  required  six
years towards retirement.  He was never afforded  the  opportunity  to
transfer to the Retired Reserve and believes he is  qualified  for  an
RTAP bonus for time served.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular  Air  Force  on  22
February  1971.   He  was  progressively  promoted  to  the  grade  of
technical sergeant (TSgt/E-6) effective and with a date of rank  of  1
September 1983.  He was honorably discharged on 21  March  1988  under
the provisions of AFR 39-10, for completion  of  extended  enlistment,
after serving 17 years, and 1 month of active service.

Applicant enlisted in the Air Force Reserve on 14 November 1991, for a
period of six years.  He was placed on  overage  status  on    1  July
1996, and reassigned to  the  Non-obligated,  Non-participating  Ready
Personnel Section (NNRPS) at ARPC effective 29 August  1996.   He  was
involuntarily discharged, under RTAP, on 14  November  1997.   He  had
served a total of 22 years and 1 month of satisfactory service at  the
time of discharge, of which the  last  five  were  in  the  Air  Force
Reserve.

_________________________________________________________________




AIR FORCE EVALUATION:

HQ ARPC/DPP recommends  denial.   DPP  states  that  in  order  to  be
eligible for retired pay under the provisions of  10  USC  12731,  the
applicant needed a minimum of 20 satisfactory  years  of  service,  of
which the last 6 years  were  required  to  be  served  in  a  Reserve
component.   Applicant  served  only  5  years  towards  the   Reserve
component requirement.  DPP’s position is that the applicant failed to
meet the requirements for retirement and was, therefore, not  eligible
for entry into the Retired Reserve nor was he eligible to receive  the
Reserve Special Separation Pay awarded to  those  eligible  to  retire
under RTAP.

DPP suggested that the applicant contact an  Air  Force  Recruiter  to
determine if he is eligible to enlist in the  USAFR  and,  if  so,  he
could then seek an assignment to Korea.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
20 December 2002 for review and comment within 30 days.   As  of  this
date, there has been no response 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.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case.
The board noted that the applicant served 22  years  and  1  month  of
satisfactory service.  However, in order  to  qualify  for  a  reserve
retirement under Title 10, U.S.C., Section 12731, the last 6 years  of
service must be performed  in  a  Reserve  cComponent.   TBecause  the
applicant had only 5 years of such service,;  therefore,  he  did  not
qualify for reserve retirement nor was he eligible for an RTAP  bonus.
Applicant should contact his recruiter concerning his  eligibility  to
enlist in the USAFR.  Therefore, in the absence  of  evidence  to  the
contrary, wWe 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 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 AFBCMR Docket Number 02-
02519 in Executive Session on 18 March 2003, under the  provisions  of
AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Ms. Carolyn B. Willis, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPP, dated 9 Dec 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Dec 02.




                                   PHILIP SHEUERMAN
                                   Panel Chair

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