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AF | BCMR | CY2006 | BC-2005-02324
Original file (BC-2005-02324.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-02324
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

      XXXXXXXXX                         HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  26 January 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given a Reserve retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His delayed enlistment time was not counted towards his military time.   His
military service was  not  calculated  correctly.   He  was  not  given  the
opportunity to file for early retirement.  He  was  not  sent  a  letter  of
notification  that  he  would  be  discharged  under  other  than  honorable
conditions (UOTHC).

In support of his application, the applicant provides a  personal  statement
and copies of his military personnel records pertaining to  his  enlistment,
reenlistment, separation from active  duty,  performance,  and  his  Reserve
discharge order.  The applicant’s complete submission, with attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was  discharged  from  the  Air  Force  Reserve  effective  15
December 1991 with a UOTHC characterization of service.  The basis  for  his
discharge was listed as “Misconduct – Drug  Abuse.”   At  the  time  of  his
discharge, the  applicant  served  19  years,  3  months,  and  19  days  of
satisfactory service.  On 29 August 2001, the Board  considered  and  denied
the  applicant’s  request  to  upgrade  his  discharge  to  honorable.   The
applicant’s subsequent petitions for reconsideration were also denied.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states that the applicant is  not  eligible
to retire under the provision of Title 10 United States Code, Section  12731
(10 USC 12731), since he did not complete 20 years of satisfactory  service.
 In addition, he is not eligible for  early  retirement  since  he  was  not
involuntarily discharged, as defined in 10  USC  12731,  paragraph  3b,  and
because  he  was  discharged  prior  to  the  effective  date  of  the   law
authorizing early retirement qualification.

DPP states the applicant’s service  was  calculated  correctly  and  he  was
properly credited with time  under  the  Delayed  Enlistment  Program.   DPP
cannot  comment  on  why  the  applicant  did  not  receive  a   letter   of
notification that he would be  discharged  with  an  UOTHC  characterization
since he was discharged from  a  Category  A  Unit  and  his  discharge  was
accomplished by the Air Force Reserve Command.   The  DPP  evaluation,  with
attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that  according  to  Air  Force  directives,  a  Non-
commissioned  officer  with  longevity  should  be  given  a   letter   of
notification stating the  type  and  reason  for  his  discharge  with  an
opportunity for review by a board of his peers.  If such a letter was sent
and returned undelivered, there should be a postmarked letter retained  in
his records.  A copy of the applicant’s rebuttal is at Exhibit E.

_________________________________________________________________

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 an  error  or  injustice.   After  a  thorough  review  of  the
available records, we found no evidence  the  individual’s  records  are  in
error.  We note the  applicant’s  contention  his  delayed  enlistment  time
should be  included  to  qualify  him  for  a  20-year  Reserve  retirement;
however,  we  find  his  delayed  enlistment  time  only  entitled  him   to
membership points and not satisfactory Federal  service  toward  retirement.
To grant the applicant’s request would be  contrary  to  the  governing  Air
Force regulations and the law.  With respect to the  applicant’s  contention
he was not allowed the opportunity to file for an early retirement, we  note
he was discharged prior to the effective date of the law  authorizing  early
retirement  qualifications.  Therefore,  we  agree  with  the  opinion   and
recommendations of the Air Force office of primary responsibility and  adopt
its rational as the basis for our conclusions that  the  applicant  has  not
been the victim of an error  or  injustice.   Accordingly,  the  applicant’s
request is not favorably considered.

_________________________________________________________________

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 this application in  Executive
Session on 19 January 2006, under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. James A. Wolffe, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2005-02324:

    Exhibit A.  DD Form 149, dated 15 Jul 05, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 6 Sep 05.
    Exhibit C.  Letter, SAF/MRBR, dated 9 Sep 05.
    Exhibit D.  Applicant’s Rebuttal, dated 8 Oct 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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