RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02259
INDEX CODE: 135.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
28 points be added to his retention/retirement (R/R) year 21 November
2001 through 20 November 2002 to have a satisfactory year for
retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He transferred from the Air National Guard (ANG) to the Air Force
Reserve (AFRES) in order to accept an Individual Mobilization
Augmentee (IMA) position. A Stop-Loss policy was implemented and the
applicant was frozen in the Individual Ready Reserve (IRR) as the IMA
position he accepted could not be vacated by the retiring incumbent.
In support of his appeal, the applicant has provided a copy of the
military resignation memorandum he wrote in preparation to transfer to
the AFRES, and a copy of the message implementing the stop-loss
policy.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was relieved from assignment with the Utah ANG (UT ANG)
effective 20 October 2001, transferred to the AFRES, and assigned to
the HQ Air Reserve Personnel Center (ARPC) inactive reserve effective
21 October 2001. On 15 August 2002, the applicant applied for an IMA
position. On 9 September 2002, he was relieved from HQ ARPC and on 11
September 2002, he was assigned to an IMA position at Hill AFB, UT.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP reviewed this application and recommended denial. DPP
disputes the applicant’s claim that a stop-loss policy kept him from
completing a good year towards retirement. DPP states that the
applicant was voluntarily assigned to an inactive reserve section from
21 November 2001 until 11 September 2002, when he accepted the IMA
position. DPP notes that the fact that the member was assigned to
inactive status for a majority of his R/R year, plus the fact that he
did not earn 35 points during the time he was in a participating
assignment, resulted in him not being credited with a satisfactory
year of service.
DPP's complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1
August 2003 for review and comment within 30 days. 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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree 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. Stop-Loss policy notwithstanding, the
responsibility of earning points toward retirement rests with the
service member. Additionally, it appears that the applicant
voluntarily entered the inactive reserve and remained for the majority
of the year thereby limiting him self to only 15 membership points for
his retention/retirement (R/R) year. After leaving the inactive
reserve he was able to earn 7 additional points before the end of his
R/R year that resulted in a total of only 22 points, well short of the
50 points required to be considered a good year towards a Reserve
retirement at age 60. 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 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 BC-
2003-02259 in Executive Session on 16 September 2003, under the
provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Charlie E. Williams, Jr., Member
Mr. Christopher Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Jun 03, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 28 Jul 03, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 1 Aug 03.
JOSEPH G. DIAMOND
Panel Chair
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