Search Decisions

Decision Text

AF | BCMR | CY2009 | BC-2008-02809
Original file (BC-2008-02809.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02809
            INDEX CODE:  
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect one year  of  satisfactory  service  for
the period of 30 Jan 83 through 14 Jan 84.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His service record no longer reflects a whole satisfactory service year  for
30 Jan 83 through 14 Jan 84.  He  was  advised  by  his  Military  Personnel
Flight that the time period in question should read as a whole  satisfactory
year.  He enlisted for four years and was scheduled for discharge on 30  Jan
84.  The Air Force offered a  15-day  early  out  for  members  leaving  the
service to attend college full-time.  He took advantage of the offer  as  he
was starting college in Jan 85.

He only noticed the discrepancy upon recently reviewing his records.

In support of the application, the applicant submits his  DD  Form  214  and
his ANG/USAFR Point Credit Summary.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant is an Air Force Reservist.  On 5 Jun  2002,  he  was
assigned duties as a Security  Forces  Craftsman  in  the  grade  of  Master
Sergeant.  His Expiration Term of Service (ETS) date is 11 May 2010.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP  recommends  denial.   DPP  states  the  applicant  entered  the
Regular Air Force on 30 Jan  80  and  was  released  on  14  Jan  1984.   He
transferred to the Air Force Reserve on 15 Jan 84.

DPP states an audit of his service history showed 3 years, 11 months and  15
days of Regular active duty service.  His last year of Regular  active  duty
service showed 11 months and 15 days which is considered a partial  year  of
satisfactory service.  When he transferred to the  Reserve  on  15  Jan  84,
this   changed    his    service    component    and    reestablished    his
retention/retirement date as 15 Jan.

DPP notes the Department of Defense (DOD) Instruction 1215.7 states  when  a
partial year occurs as a result of  a  change  in  service  components,  the
service member  will  be  credited  with  a  partial  year  of  satisfactory
service.  A partial year of satisfactory service is any period of less  than
12 full months.  The applicant’s request is prohibited by DOD.

The complete DPP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 29  Aug
08 for review and comment within 30 days.  As of this date, this office  has
received no response (Exhibit C).

_________________________________________________________________

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.   The  applicant’s  allegations  are  duly
noted;  however,  he  has  not  provided  supporting   documentation   which
substantiates his claim.  Therefore, in the absence of  persuasive  evidence
to the contrary, 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.  Thus, we find no  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 this application in  Executive
Session on 25 February 2009, under the provisions of AFI 36-2603:

      Mr. Michael J. Maglio, Panel Chair
      Ms. Debra K. Walker, Member
      Mr. Dick Anderegg, Member

The following  documentary  evidence  was  considered  under  AFBCMR  Docket
Number BC-2008-02809:

      Exhibit A.  DD Form 149, dated 23 Jul 08, w/atch.
      Exhibit B.  Letter, HQ ARPC/DPP, dated 20 Aug 08.
      Exhibit C   Letter, SAF/MRBR, dated 29 Aug 08.




                                  MICHAEL J. MAGLIO
                                  Panel Chair

Similar Decisions

  • AF | BCMR | CY2006 | BC-2005-02386

    Original file (BC-2005-02386.doc) Auto-classification: Denied

    _________________________________________________________________ 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. 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. Records indicate he has not met the requirement of earning 20...

  • AF | BCMR | CY2006 | BC-2005-03045

    Original file (BC-2005-03045.doc) Auto-classification: Approved

    DPP contends even if she had known of the R/R date change earlier and had the opportunity to schedule her AT dates prior to the new retirement year ending (RYE) date of 21 February 2005 the additional AD points would have resulted in her RYE 21 February 2005 to show only a total of 45 points and a year of unsatisfactory service. ______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating...

  • AF | BCMR | CY2006 | BC-2006-01505

    Original file (BC-2006-01505.doc) Auto-classification: Denied

    As of this date, no response has been received by this office (Exhibit D). Based on the evidence of record and that verified by the HQ Air Reserve Personnel Center (HQ ARPC), the applicant was given credit for all of his participation in accordance with the governing directive in effect at the time. Therefore, we agree with the opinion and recommendation of the Air Reserve Personnel Center and adopt their rationale as the basis for our conclusion that the applicant has not been the victim...

  • AF | BCMR | CY2006 | BC-2005-01432

    Original file (BC-2005-01432.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01432 INDEX CODE: 135.02 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to show satisfactory years of service for retention/retirement (R/R) year’s 17 April 1982 to 16 April 1983, 17 April 1984 to 16 April 1985, 17 April 1986 to 16 April 1987, and 17 April 1987 to 16 April...

  • AF | BCMR | CY2006 | BC-2006-02004

    Original file (BC-2006-02004.doc) Auto-classification: Denied

    In support of her request, applicant provided a letter from her current commander, along with other documents related to the UIF and promotion deferrals. On 30 Jun 03, the commander filed the Article 15 in the applicant’s HQ USAF Selection Record and Officer Command Selection Record. The applicant did not request the Article 15 be removed from her OSR after her nonselection by the FY06 LHP Major Selection Board and, according to HQ ARPC/DPBPP’s email to the AFBCMR Staff, has yet to file an...

  • AF | BCMR | CY2005 | BC-2005-02653

    Original file (BC-2005-02653.doc) Auto-classification: Denied

    He was enlisted in the Air Force Reserve on 13 Aug 80 and had honorable satisfactory service until his retirement effective 1 Feb 05. Applicant requests that his effective date of retirement be changed from 1 Feb 05 to 6 Feb 05, and that he be credited and paid for duty performed after his effective date of retirement. After careful review of the evidence submitted in support of the applicant’s appeal, we found no evidence that he requested a change to his retirement date prior to the 1...

  • AF | BCMR | CY2008 | BC-2007-04004

    Original file (BC-2007-04004.doc) Auto-classification: Approved

    Because she was working under the assumption that her R/R date had changed to the date she started working as an ALO (11 August), her R/R year for 27 May 2006 to 26 May 2007 ended up being six (6) points shy of the 50 points required for a satisfactory year of service. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states she never received a copy of the Special Orders dated 12 Sep 06 in the mail or at her unit. ...

  • AF | BCMR | CY2005 | BC-2005-02406

    Original file (BC-2005-02406.doc) Auto-classification: Approved

    ___________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPP reviewed this application and recommends denial, stating the member never applied for retired pay nor did he make an SBP election. The effective date of the SBP election is the member’s 60th birthday. MICHAEL K. GALLOGLY Panel Chair AFBCMR BC-2005-02406 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military...

  • AF | BCMR | CY2002 | 0201918

    Original file (0201918.DOC) Auto-classification: Denied

    For a reserve member to be credited with a year of satisfactory service, 50 retirement points are required. A complete copy of the evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant contends that he performed numerous days of creditable service that were not documented for which he received no credit. Based on the evidence of record and that verified by HQ Air Reserve Personnel Center...

  • AF | BCMR | CY2010 | BC-2009-03741

    Original file (BC-2009-03741.doc) Auto-classification: Denied

    In 1983, the Uniformed Services Former Spouses' Protection Act (USFSPA) was enacted; however, she was not in contact with her former spouse at that time and she was not aware that the new law provided courts authority to order SBP coverage in divorce decrees. Former spouse coverage was not available at that time. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reiterates much of her earlier contentions and states SBP...