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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