RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03516
                                             INDEX CODE:  135.03
      XXXXXXXXXXXXXXXX                  COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  28 January 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated from the Retired Reserve, awaiting pay at  age 60,  to  the
United States Air Force Reserve (USAFR) Unit Program, with promotion to  the
grade of Senior Master Sergeant (SMSgt).

________________________________________________________________

APPLICANT CONTENDS THAT:

His forced retirement at his High Year of Tenure Date  (HYTD)  prevents  him
from retiring in the grade of SMSgt.

His request for continuation waiver beyond  his  HYTD  was  not  handled  in
accordance with procedures established by the regulation governing the  High
Year of Tenure (HYT) Program.

He is available to  fulfill  his  commitment  to  the  USAFR  based  on  his
original expiration term of service (ETS) date of 1 October 2008.  His  goal
is to retire as a SMSgt, and he feels that he was unfairly  treated  by  the
mistake of others.  His career has been truncated  and  he  would  like  the
AFBCMR to revoke his early retirement and allow him  to  fulfill  his  goal.
He firmly believes he can still contribute in the fight against the  war  on
terror, his country needs him, and he  is  ready  to  continue  serving  his
country.

In support of the appeal, applicant provided a personal statement, dated  30
September 2006, copies of a Chronology prepared by the 482  FW/IG,  dated  5
August 2006, a HYTD Notification Memorandum from the 482 MSG/DPMSA, dated  9
January  2004,  an  Enlistment/Reenlistment  Document  (DD  Form  4),  dated
2 October 2004, a Report on Individual Person (RIP),  dated  20 April  2005,
an undated memorandum acknowledging HYT extension, an e-mail trail from May-
July 2005  advising  482 MSG/CES/CC  of  HYT  extension,  a  Reserve  Airmen
Promotion Eligibility  Roster,  dated  31  March  2006,  a  Reserve  Service
Commitment Contract, dated 2 April 2006, an MPF Reserve Commitment  Contract
template, Reserve Promotion Order Number ROP-124, which promoted him to  the
grade of SMSgt, dated 1 May 2006, and an AFRC/A1BB memorandum  revoking  his
promotion to the grade of SMSgt, dated 28 July 2006.

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

________________________________________________________________

STATEMENT OF FACTS:

The USAFR HYT Program is designed to improve grade ratios, ensure  sustained
promotion opportunity for lower  graded  enlisted  personnel,  and  increase
readiness by providing a force  fit  for  the  rigors  of  war.   It  limits
participation in the Selected Reserve  and  participating  Individual  Ready
Reserve (IRR) programs to  a  total  of  33  years  creditable  service  for
military pay (Pay Date) for all enlisted members of the  USAFR  unless  they
are selected for retention beyond their HYTD.  A member’s  HYTD  corresponds
to the first day of the month following either  member’s  HYTD  or  age  60,
whichever occurs first.  The  USAFR  HYT  Program  allows  extensions  of  a
member’s HYTD for a total of three years, not to exceed  age  60,  for  rare
circumstances  when  a  member’s  service  is  deemed  essential   to   unit
readiness.  A member’s ETS will not exceed their HYTD.

Applicant’s Date-of-Birth is 23 January 1949 (age 58), and his Pay Date  was
17 July 1972. In accordance with the USAFR HYT Policy, he was given  a  HYTD
of 1 August 2005.  His HYTD was extended to 1 August 2006 in May  2005,  but
was  not  further  extended  because  his  commander  determined  that   his
continued service was not essential to unit readiness.  He was  promoted  to
the grade of SMSgt (E-8) effective 1 May 2006.

In July  2006,  his  servicing  MPF  discovered  the  errors  and  requested
revocation of his promotion to SMSgt, which was approved by HQ  AFRC  on  28
July 2006.  Although his promotion to SMSgt was revoked, he was  allowed  to
retain the pay he received as a SMSgt.  He was transferred  to  the  Retired
Reserve, awaiting pay at age 60, effective on his HYTD of 1 August 2006.

________________________________________________________________

AIR FORCE EVALUATION:

AFRC/A1B  recommends  denial.   Central  to  applicant’s  contentions  is  a
violation by his Military Personnel  Flight  (MPF)  of  the  AF  Instruction
governing USAFR reenlistment and retention.  The AFI states that a  member’s
ETS will not exceed their HYTD.  His servicing MPF failed to check his  HYTD
prior to allowing him to reenlist on 2 October 2004 for  a  period  of  four
years.  Thus, his ETS became 1 October 2008, even  though  his  HYTD  was  1
August 2006.

Also central to applicant’s contentions is that  during  the  period  March-
April  2006,  his  servicing  MPF  again  failed  to  check  his  HYTD  when
processing his promotion to SMSgt, which became effective 1 May  2006.   The
promotion should have  not  occurred  since  the  AFI  governing  the  USAFR
Commitment Program requires a member promoted to the grade of SMSgt to  have
at least two years retainability from the effective date of  the  promotion.
Since his HYTD was 1 August 2006, he did not have  sufficient  retainability
to fulfill the two year service commitment for promotion to SMSgt.

They acknowledge that his  servicing  MPF  clearly  failed  to  comply  with
program requirements that would have precluded his reenlistment  beyond  his
HYTD and promotion to SMSgt.  However,  these  errors  do  not  warrant  his
return to the USAFR Unit Program, nor  do  they  warrant  his  promotion  to
SMSgt.  They  also  point  out  that  the  errors  did  not  result  in  the
applicant’s losing any benefits or entitlements.  Rather, he benefited  from
the errors by receiving pay as a SMSgt for the  May,  June,  and  July  2006
Unit Training Assemblies, as well receiving pay as  a  SMSgt  for  his  3-18
June 2006 Annual Tour.

If the AFBCMR grants the relief sought, they recommend his HYTD be  extended
from 1 August 2006 to a future date not  to  exceed  1 August  2008,  he  be
returned to the USAFR Unit Program, and that he be promoted to the grade  of
SMSgt, with a date of rank that will allow  him  to  fulfill  his  two  year
Reserve Service Commitment by his HYTD, or the two year  service  commitment
be waived.

The AFRC/A1B evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the  AFRC/A1B  advisory  on  15  February  2007.   He
reiterated that his servicing MPF failed to  comply  with  the  HYT  Program
requirements.  He asked the Customer Service Section about  his  HYTD  of  1
August 2006 when he went to get his new ID card  due  to  his  promotion  to
SMSgt, and was told “Don’t worry, you are good until 1  October  2008.”   He
informed  his  commander  and  vice-commander  of  this  and  continued   to
participate until his August 2006 UTA, when he was informed  by  the  Senior
Air Reserve Technician that he  could  no  longer  participate  and  had  to
retire from the USAFR.

A complete copy of applicant’s response 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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  Although  his  Military  Personnel  Flight
clearly  failed  to  comply  with  program  requirements  that  would   have
precluded his reenlistment beyond his HYTD and his  erroneous  promotion  to
SMSgt, these  errors  did  not  result  in  the  loss  of  any  benefits  or
entitlements, and  do  not  warrant  granting  the  relief  sought  in  this
application.  We took notice  of  the  applicant's  complete  submission  in
judging the merits of the  case,  and  noted  that  his  squadron  commander
initially recommended that his HYTD be extended three years, from  1  August
2005 to 1 August 2008.  However, HQ AFRC/CV  subsequently  approved  only  a
one year extension to 1 August 2006, and  we  found  no  evidence  that  his
commander intended to request any further extensions of  his  HYTD.   Should
the applicant provide documentation that his commander intended  to  request
further extensions to his HYTD, the  Board  would  reconsider  his  request.
However, in the absence of such evidence, we  agree  with  the  opinion  and
recommendation of the Air Force office of primary responsibility  and  adopt
it’s rationale as the basis for our conclusion that the  applicant  has  not
been the victim of an error or injustice.   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  Docket  Number  BC-2006-03516
in Executive Session on 8 March 2007, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Teri G. Spoutz, Member
                       Ms. Renee M. Collier, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jul 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/A1B, dated 16 Jan 07.
    Exhibit D.  Letter, Applicant, dated 15 Feb 07, w/atch
    Exhibit E.  Letter, SAF/MRBR, dated 19 Jan 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair