RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01066
INDEX CODE: 312.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service records be reviewed and satisfactory service adjusted to
allow him to reenlist and qualify for a Reserve retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He tried to transfer from the US Army National Guard to the Air Force
Reserve (AFR) in January 2003. He was 54 years old and had served a
total of 13 years. He was told that due to his age, he had to have at
least 14 years of service to qualify for enlistment with the AFR. He
told the recruiter he had a year with the US Army Reserve and a year
with the Coast Guard Reserve that had not been counted. However, he
was not able to provide documents for that service nor was the
recruiter able to find a record of said service in the system. In
August 2005, he received a document from the Records Center in St
Louis showing credit for a year of service with the Army Reserve in
Ohio. He tried to enlist with the AFR again and was told that he was
now too old to reenlist. He worked with his senator and eventually
found out that the Records Center at St Louis had screwed up and
dropped the ball back in 2003 when he tried to enlist the first time.
Had the Records Center been able to provide the documentation three
years earlier, he would have been able to enlist in the AFR and would
now be serving with over 18 years towards a Reserve retirement.
In support of his appeal, the applicant has provided a personal
statement and copies of personnel documentation regarding service with
the AFR, the Army, the Coast Guard Reserve and the Army Guard.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
He began his military service with the US Army on 12 January 1967. He
was progressively promoted to the grade of specialist (E-5), with a
date of rank (DOR) of 9 May 1969. On 9 January 1970, he was honorably
discharged from the Army and transferred to the Army Reserve (USAR)
where the record indicates he did not serve a good year through 11
January 1973. On 11 January 1973, he was honorably discharged from
the USAR for Expiration Term of Service (ETS) and remained in a
civilian status until 24 May 1988 when he joined the Coast Guard
Reserve (CGR). He left the CGR without serving a satisfactory year of
service and joined the Air Force Reserve (AFR) effective 11 May 1989.
It appears he left the AFR sometime after May 1991 and enlisted with
the Army National Guard (ARNG) during April or May 1994. It further
appears he served with the ARNG until 20 January 2003. The available
record shows he served approximately 13 years of satisfactory service
from 12 January 1967 to 20 January 2003.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFRC/RSO recommends denial. RSO cites Air Force Reserve
Instruction (AFRI) 36-2001, Air Force Reserve Recruiting Procedures,
wherein is stated a prior service applicant must have an actual
adjusted age which is less than 40 years old on the date of enlistment
to be eligible. Satisfactory service only accrues in one-year
increments and months and days of Reserve service do not count. At
the time of his original application, he was 54 years old. AFGRI 36-
2001 states applicants unable to accrue 20 satisfactory years of
service prior to age 60 are ineligible for enlistment. The AFR has no
obligation to enlist applicants who apply but become ineligible due to
the passage of time. Further, based on the review of the service
records provided, he has less than 12 years of satisfactory service
which would have made him ineligible at the time of his original
application in 2003.
RSO’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant disputes the Air Force Reserve’s advisory wherein is stated
the applicant has less than 12 years of satisfactory service. He
contends he had served 15 years of satisfactory service in 2003 when
he tried to reenlist with the Air Force Reserve. He lists each period
of service he contends is a satisfactory year of service.
Applicant’s complete evaluation is at Exhibit D.
_________________________________________________________________
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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case to
include his contention that had ARPC correctly verified his
satisfactory service in 2003, he would have been eligible to enlist in
the Air Force Reserve. In this respect, we note that membership in a
Reserve component in and of itself without satisfactory participation
does not equate to satisfactory service. Therefore, 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,
and 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-
2006-01066 in Executive Session on 14 June 2006, under the provisions
of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. James A. Wolffe, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Apr 06, w/atchs.
Exhibit B. Letter, HQ AFRC/RSO, dated 5 Apr 06.
Exhibit C. Letter, SAF/MRBR, dated 12 May 06.
Exhibit D. Letter, Applicant, dated 17 May 06.
CHARLENE M. BRADLEY
Panel Chair
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