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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