RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01713
INDEX CODE: 100.00
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY COMPLETION DATE: 27 SEPTEMBER 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to elect coverage under TRICARE Reserve Select (TRS).
___________________________________________________________________
APPLICANT CONTENDS THAT:
He completed two years extended active duty (EAD) and was assigned to
Palace Front in response to recall after 9/11. He has been informed that
he is not eligible for TRS because he was not in an active reserve status
at the time he was performing EAD. He responded to 9/11, deployed to
Iraq and is currently in the Reserves.
No supporting documents were submitted. The applicant's complete
submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Personnel Data System (MilPDS)
reveals the applicant’s Total Federal Commissioned Service Date (TFCSD)
as 9 May 1989. The applicant was ordered to EAD on 26 March 2002 for an
indefinite period of time. He was promoted to the Reserve grade of
major, with an effective date and date of rank of 27 May 2005.
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 C.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFRC/DPMB denial. DPMB states the applicant was called to active duty
for an indefinite period, during which time, he and his dependents were
covered by TRIARE Standard/Prime. DPMB affirms the applicant does not
meet the criteria for eligibility for participation into TRICARE Reserve
Select. DPMB explains to meet the eligibility “A member of the reserve
component is eligible to purchase TRS coverage if he or she was called or
ordered to active duty for a period of more than 30 days on or after 11
September 2001, in support of contingency operations as defined in
Section 101(a)(13)(B) of Title 10, U.S.C., and served continuously on
active duty, voluntarily or involuntarily for 90 days or more under that
call or order to active duty.” DPMB opines based on the evidence
provided, the applicant does not qualify for TRICARE Reserve Select.
DPMB’s evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant for
review and comment on 8 July 2005. As of this date, this office has
received no response (Exhibit D).
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was time 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 HQ AFRC/DPMB’s opinion and recommendation and adopt their rationale as
the basis for our conclusion that the applicant has not been the victim of
an error or injustice. In accordance with the law governing the TRS
program, the applicant does not qualify for this benefit because of his EAD
status; furthermore, his orders do not state he was “deployed.” In view of
the foregoing, we find no basis to recommend granting the relief sought in
this application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
___________________________________________________________________
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 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 BC-2005-01713 in
Executive Session on 19 January 2006, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Jean A. Reynolds, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 May 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFRC/DPMB, dated 28Jun 05.
Exhibit D. Letter, SAF/MRBR, dated 8 Jul05.
MICHAEL K. GALLOGLY
Panel Chair
AF | BCMR | CY2007 | BC-2007-01249
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01249 INDEX CODE: 135.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 26 OCT 2008 ___________________________________________________________________ APPLICANT REQUESTS THAT: His AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, (Reserve Order 0023), 27 Sep 04, Item 14, be amended to read 1 Oct 04 rather than 4 Oct 04....
AF | BCMR | CY2003 | BC-2002-02585
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02585 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His date of rank (DOR) to TSgt (E-6) be corrected from 1 July 2002 to 1 March 2002. The Board noted that the applicant has failed to provide the necessary documents requested by AFRC/DPMB, and other than his own assertions, we have seen no evidence that...
AF | BCMR | CY2005 | BC-2005-02213
_________________________________________________________________ STATEMENT OF FACTS: The servicemember was notified in a letter dated 22 May 2000, that she had completed the 20 years of satisfactory service and was eligible to participate in the RCSBP. ARPC has no record of receiving an election request from the servicemember. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did...
AF | BCMR | CY2006 | BC-2006-01369
The complete AFRC/A1B evaluation, with attachments, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s counsel responds by requesting the Board consider and address the issue of interest accrued on back pay, if awarded, and any leave the applicant would have earned during this time period. Additionally, it is a position supported by AFI 37-3212. The Air Force offices of primary...
AF | BCMR | CY2006 | BC-2004-03751
A certified package notifying the servicemember of his eligibility to participate in RCSBP was sent to his home address and his wife signed for the package on 13 May 1994. ARPC has no record of receiving an election request from the servicemember. 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 and adopt its rationale as the basis for our conclusion that the applicant has not...
AF | BCMR | CY2006 | BC-2006-00045
ARPC has no record of receiving an election request from the servicemember. The applicant, as a widow of a retirement eligible servicemember, apparently is eligible for other benefits, such as the Commissary, Base Exchange and Tricare. _________________________________________________________________ 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...
AF | BCMR | CY2006 | BC-2006-01882
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01882 INDEX CODE: 131.00 COUNSEL: JOSEPH W. KASTL HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 24 DEC 07 _________________________________________________________________ APPLICANT REQUESTS THAT: The Officer Performance Report (OPR) rendered for the period 20 May 1996 through 2 May 1997, be removed from his record and replaced with a reaccomplished report and that he...
AF | BCMR | CY2003 | BC-2002-00043
On 14 Jun 95, the applicant was discharged under the provisions of AFI 36-3209, with service characterized as general (under honorable conditions), and was issued a reenlistment eligibility status of “Ineligible.” Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C. ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/JAJ recommends that no...
AF | BCMR | CY2006 | BC-2005-03651
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03651 INDEX CODE: 131.01 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 3 JUN 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His non-selections for the FY03 and FY04 Major Special Selection Boards (SSBs) be set aside and that he be allowed to participate in the Air Force Reserve. At the time of...
AF | BCMR | CY2005 | BC-2005-01507
However, even though he provided a written request dated 4 May 1983 to change his coverage from spouse to former spouse, the finance center did not make the change because Public Law 98-94 authorizing retirees to elect SBP coverage for their former spouses did not take effect until 24 September 1983 and because his statement was notarized on 28 May 1983, 24 days after the date it was signed. When Air Force retired pay accounts were transferred from Denver to the Cleveland pay center, the...