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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