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AF | BCMR | CY2008 | BC-2007-03233
Original file (BC-2007-03233.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03233
                                             INDEX CODE:  135.03, 136.01
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His High Year Tenure (HYT) date and his  effective  date  of  retirement  be
changed from 1 February 2007 to 1 March 2007, so that he  can  be  paid  for
duty performed through 3 February 2007.

________________________________________________________________

APPLICANT CONTENDS THAT:

While performing military  Reserve  duties,  he  was  hospitalized  from  30
January 2007 to 2 February 2007, and could not return home until 3  February
2007.  His active duty orders were  extended  from  31  January  2007  to  3
February 2007 due to this hospitalization.

He has not  been  reimbursed  for  duty  performed  from  1-3 February  2007
because he was forced to retire on 1 February 2007 due to reaching  his  HYT
date.

He needs his retirement date changed to 1 March 2007 since  retirements  are
normally the first of the month.

In support of his appeal, he has provided copies of a personal statement,  a
Line of Duty Determination with the finding of “In  Line  of  Duty”,  RO  D-
08347 for the period 19 January 2007 through 31 January 2007, certified  and
showing he performed duty (to include travel)  for  the  period  18  January
2007 through 3 February 2007, an  amendment  to  RO  D-08347,  changing  his
active duty release date to 2 February 2007,, and RO EK-2372, assigning  him
to the Retired Reserve effective 1 February 2007.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant was  a  Reservist  serving  in  the  grade  of  senior  master
sergeant  (E-8)  and  was  assigned  to  the  99th  Ground  Combat  Training
Squadron, Creech AFB, NV.  While performing an active duty tour  from  19-31
January 2007, he was hospitalized and  it  was  later  determined  that  the
injury was in the Line of Duty.  His active  duty  tour  was  extended  from
31 January 2007 to 3 February 2007 due to the hospitalization;  however,  he
reached his HYT date on 1 February 2007, and was  assigned  to  the  Retired
Reserve effective that date.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends that his request to change his HYT date  and  retirement
effective date be approved.  However, they recommend that the new date be  4
February 2007, instead of 1 March 2007, as there  is  no  provision  of  law
that requires Reserve Retirements to be effective on  the  first  day  of  a
month.  Changing his HYT and retirement effective dates to 4  February  2007
would allow him to be fully reimbursed for all duty performed.

The ARPC/DPP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  26
October 2007, for review and comment, within 30 days.  However, as  of  this
date, no response has been received by this office.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or injustice to warrant adjusting the applicant’s  HYT
date of 1 February 2007, and to adjust his date of separation from  the  Air
Force Reserve to reflect a date that would allow him to be fully  reimbursed
for all duty performed.  Evidence has been presented that  while  performing
an active duty tour from 19-31 January 2007, he was hospitalized due  to  an
injury that was incurred in the Line of Duty, and his active duty  tour  was
extended  from   31   January   2007 to   3 February   2007   due   to   the
hospitalization.  In view of  the  above,  the  Board  recommends  that  his
records be corrected to the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

            a.   on  31  January  2007,  competent  authority  approved  his
request for a waiver of his High Year of Tenure as an exception  to  policy,
thereby establishing his date of separation as 4 February 2007.

            b.  On 4  February  2007,  he  was  relieved  from  his  current
assignment and assigned to the Retired Reserve List,  eligible  for  retired
pay at age 60,  under  the  provisions  of  Title  10, United  States  Code,
Section 12731.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-03233
in Executive Session on 13 December 2007, under the provisions  of  AFI  36-
2603:

                       Mr. Laurence M. Groner, Panel Chair
                       Ms. Janet I. Hassan, Member
                       Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Sep 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 22 Oct 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Oct 07.




                                   LAURENCE M. GRONER
                                   Panel Chair




AFBCMR 2007-03233




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation  of  the  Air  Force
Board for Correction of Military Records and under the authority of  Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the  Department  of  the  Air  Force
relating to XXXXXXXXXXXXXXXXXXX, be corrected to show that:

            a.   On  31  January  2007,  competent  authority  approved  his
request for a waiver of his High Year of Tenure as an exception  to  policy,
thereby establishing his date of separation as 4 February 2007.

            b.  On 4 February 2007, he was relieved from his current
assignment and assigned to the Retired Reserve List, eligible for retired
pay at age 60, under the provisions of Title 10, United States Code,
Section 12731.









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency


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