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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