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AF | BCMR | CY2006 | BC-2005-02386
Original file (BC-2005-02386.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02386
            INDEX CODE:  135.02

            COUNSEL:  PHILIP DOAN

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to show he is  eligible  for  Reserve  retired
pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He contends he was appointed as a USAF Academy Liaison Officer in  the
December  1985/January  1986  time  frame,  and  has   23   years   of
satisfactory service.

In support of his appeal, the applicant has  provided  copies  of  his
appointment certificate to the  USAF  Air  Force  Academy,  a  Retired
Reserve certificate, and other associated documents.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a former member of the Air  Force  Reserve,  began  his
military career on 22 November 1967 by attending pilot  training.   He
began service as a pilot on 11 January  1969.   He  was  progressively
promoted to the Reserve grade of major and although he  did  not  meet
the  eligibility  requirements  for  Reserve  retired  pay  under  the
provision of Title 10, United States Code (U.S.C.), Section 12731,  he
was allowed to transfer to the Retired Reserve (Honorary) on 19 August
1992 as he had met the minimum requirements of attaining 37  years  of
age and had  completed  eight  years  of  satisfactory  service.   His
transfer to the Retired Reserve (Honorary)  did  not  entitle  him  to
Reserve retired pay; however, it did allow him to continue to hold his
commission in the AF Reserve.

Examiner’s Note: The Honorary Retired Reserve was eliminated with  the
publication of  the  new  Department  of  Defense  Instruction  (DoDI)
1200.15, on 18 September 1997.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP recommends denial.  DPP contends members must  participate
and accrue at least 50 points in a specific one-year period to earn  a
year of satisfactory service.  Each Reservist in an active  status  is
granted 15 membership points, but must earn at least 35 points through
active  duty,  inactive  duty  participation,  or   Extension   Course
Institute courses to satisfactorily complete a creditable year  toward
retirement for pay.  The applicant’s record contains no  documentation
of active Reserve participation after 25 March 1984.  The record  does
show he was reassigned from the Non-obligated Non-participating  Ready
Reserve Section (NNRPS) to the Inactive Status  List  Reserve  Section
(ISLRS) on 5 January 1989.  While assigned to ISLRS, members  are  not
eligible   to   participate   in   point   gaining   activities    for
retention/retirement.  Therefore, DPP  states  the  applicant  is  not
eligible for Reserve retired pay,  or  any  benefits  associated  with
retired pay since  he  did  not  complete  20  years  of  satisfactory
service.  DPP states there are no entitlements to benefits  associated
with his status in the (Honorary) Retired Reserve.

DPP’s complete evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
26 August 2005 for review and comment within  30  days.   As  of  this
date, this office has received no response.

_________________________________________________________________

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 its rationale as the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  Records indicate he has not met  the  requirement
of earning 20 satisfactory years  towards  a  Reserve  retirement  and
therefore does not qualify.  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-
2005-02386 in  Executive  Session  on  16  February  2006,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Maglio, Panel Chair
      Ms. Donna Jonkoff, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 12 Jul 05, w/atchs.
     Exhibit B.  Letter, HQ ARPC/DPP, dated 17 Aug 05.
     Exhibit C.  Letter, SAF/MIBR, dated 26 Aug 05, w/atchs.




                                   MICHAEL J. MAGLIO
                                   Panel Chair

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