RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02515
INDEX CODE: 135.02
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His 11 months and 28 days (364 points) be changed to a good year
for Retirement Year Ending (RYE) 19 Nov 76 and that it be credited
as a year of satisfactory federal service toward retirement.
___________________________________________________________________
APPLICANT CONTENDS THAT:
His 11 months and 28 days far exceeds the required 39 days that are
required in reserve status. He has served his country faithfully
for over 20 years and feels the Board should amend this injustice
to enable him to receive 20 years of credit towards retirement and
his 20 year notification letter in Nov 04.
In support of his appeal, applicant submitted a copy of his
ANG/USAFR Point Credit Summary, dated 19 Jan 04.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the US Army on 22 Nov 74, he was later
released on 19 Nov 76, based on expiration term of enlistment. He
was credited with 1 year, 11 months, and 28 days of duty. On
20 Nov 76, applicant transferred to the US Army Reserve until his
obligation was ended on 21 Nov 80.
Based on AF Form 526, Point Credit Summary, dated 19 Jan 04,
applicant was in civilian status from 22 Nov 80 to 11 Jul 85. He
enlisted in the Air Force Reserve on 12 Jul 85 and served until
13 Jun 89. He was in civilian status again from 14 Jun 89 until
19 Nov 89. He has had continuous satisfactory service in the Air
Force Reserve since 20 Nov 89, and has completed 18 years, 11
months, and 28 days of satisfactory federal service toward
retirement.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPP reviewed this application and recommended denial
stating, in part, that to change applicant’s satisfactory service,
his date of separation from the US Army would have to be changed.
The Air Force Reserve does not have the authority to correct the
separation date on a USA DD Form 214. DPP suggests the applicant
submit an application to the Department of the Army to have his
separation date changed.
A complete copy of the 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 27 Aug 04 for review and comment within 30 days. As of this
date, no response has been 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 warranting
favorable action on the applicant’s request. In essence, the
applicant is requesting his date of separation from the Regular
Army on 19 November 1976, be changed so that he may be credited
with a satisfactory year of federal service toward retirement. In
view of this, we agree with the Air Force office of primary
responsibility that the applicant should pursue this issue through
the Army Board for Correction of Military Records.
___________________________________________________________________
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-2004-02515 in Executive Session on 19 October 2004, under the
provisions of AFI 36-2603:
Ms. Rita S. Looney, Panel Chair
Mr. Terry L. Scott, Member
Ms. Cheryl V. Jacobson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Aug 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPP, dated 25 Aug 04.
Exhibit D. Letter, SAF/MRBR, dated 27 Aug 04.
RITA S. LOONEY
Panel Chair
AF | BCMR | CY2005 | BC-2005-00361
___________________________________________________________________ APPLICANT CONTENDS THAT: He reported for duty and performed a weekend duty trip that was not reflected on his point summary. Applicant’s complete submission is at Exhibit A. Based on the evidence of record and that verified by HQ Air Force Reserve Command (HQ AFRC), it appears the applicant has received credit for all participation performed during the Retirement Year Ending (RYE) 17 Jan 01.
AF | BCMR | CY2005 | BC-2005-02658
A complete copy of the evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: By letter, dated 18 Oct 05, applicant provided a sequence of events subsequent to him being called to active duty in Jan 91 with over 30 years of service and gave a review of the circumstances surrounding his denial of retired pay and benefits. Applicant’s record of service indicates that he completed 3 years, 7 months, and 10...
AF | BCMR | CY2004 | BC-2004-00713
He was credited with 14 AD points, 15 membership points, and 24 inactive duty training (IDT) points for R/R year 1 Sep 89 through 31 Aug 90, and a satisfactory year of federal service. He applied to the AFBCMR on 27 Feb 01, requesting to be awarded 15 points credited to R/R year 1 Sep 98 to 31 Aug 99 based on the injustice that he was overseas and made an error not completing his annual tour before the end of his R/R year. We agree with the Air Force that the applicant was provided...
According to HQ ARPC/DPP, he has 43 points for R/R Mar 99-Mar 00; 50 points are needed for a satisfactory year. The applicant did complete the F/Y 99 requirement of 12 active duty (AD) points and 48 IDT by participating for 10 points during Sep 99; however, these points were actually the first points earned for his 8 Mar-7 Mar 00 R/R year. Before his R/R date was ever changed, he had completed all training day and active duty requirements, based on the information he had at the time, by Feb 99.
AF | BCMR | CY2005 | BC-2000-02768A
_________________________________________________________________ STATEMENT OF FACTS: On 24 October 2002, the Air Force Board for Correction of Military Records (AFBCMR) considered applicant’s request that the Article 15 imposed on 16 February 1994, and the Officer Performance Report (OPR) closing 30 April 1998, be removed from his records and he be sent to a Replacement Training Unit (RTU) to be re-qualified and reinstated in an active status as an Air National Guard (ANG) fighter pilot in...
AF | BCMR | CY2004 | BC-2004-01324
As of 23 Jul 03, the applicant has successfully completed 15 years of satisfactory service and during RYE 23 Jul 92, he earned a total of 49 points which gave him his only unsatisfactory year of service in his career. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. He has been a member of the Air Force Reserve since 24 Jul 87 and should be fully aware of the requirements for a satisfactory Retention/Retirement year.
In order to establish eligibility for Reserve retired pay under the provisions of Title 10, United States Code, Section 12731, a member must complete 20 years of satisfactory service with the last 6 years of qualifying service in a Reserve component. Although he completed sufficient points for his full R/R year ending 11 September 2000, to be satisfactory, he died prior to completion of the 20th year. On the date of his death, the deceased member had sufficient points for a year of...
AF | BCMR | CY2005 | BC-2005-02866
However, only five years of this time was satisfactory service creditable toward retired pay eligibility. The applicant’s record contains no documentation of active Reserve participation other than the two periods she served on active duty, 31 Oct 66 through 30 Oct 68, and 4 Dec 91 through 23 Nov 94. Other than the two periods applicant served on active duty, 31 Oct 66 to 30 Oct 68, and 4 Dec 91 to 23 Nov 94, there is no evidence of any active Reserve participation.
_________________________________________________________________ AIR FORCE EVALUATION: The Director of Personnel Program Management, ARPC/DPP, reviewed the application and states that in accordance with Title 10 USC, Section 12731, in order for a service member to be eligible for retired Reserve pay, the service member must complete at least 20 years of satisfactory service with the last six years of service in a Reserve component. In reviewing the service member's record he had over 19...
AF | BCMR | CY2007 | BC-2006-02695
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02695 INDEX CODE: 135.02 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 10 Mar 08 _________________________________________________________________ APPLICANT REQUESTS THAT: Retention/retirement (R/R) points from R/R year 29 May 97 through 28 May 98 be reallocated to R/R year 29 May 96 through 28 May 97 so that both R/R years will be satisfactory years of...