RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00142
INDEX CODE: 135.00, 136.00
XXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His records be adjusted to afford him an Air Force Reserve
retirement with 20 years of satisfactory service.
___________________________________________________________________
APPLICANT CONTENDS THAT:
His NGB Form 22, NGB Report of Separation and Record of Service,
reflects he served 20 years, 1 month, and 4 days which should
entitle him to a 20-year Reserve retirement. However, the Air
Reserve Personnel Center (ARPC) states that he does not have
20 years of satisfactory service and not entitled to a retirement.
He served in the US Army for 2 years, 11 months, and 23 days. Then
he served in the Air National Guard (ANG) from September 1973 –
November 1990, a total of 17 years and 2 months of service.
In support of his appeal, the applicant submits a copy of his
discharge order; NGB Form 22, issued on 4 Nov 90, and copies of
several ANG/USAFR Point Credit Summaries.
The applicant’s complete submission, with attachments, is at
Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the US Army from 2 February 1968 to
24 January 1971, for a total of 2 years, 11 months, and 23 days.
He, then served in the ANG from 1973 to 1990. His records reflect
he completed 23 years, 7 months, and 22 days of honorable service,
with 19 years, 11 months, and 23 days of satisfactory service
creditable toward retired pay eligibility. The applicant was
discharged from the Air Force Reserve on 23 September 1991.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPP recommends denial. They provided the following
analysis of the circumstances surrounding the applicant’s case:
In order to be eligible for Reserve retired pay under the
provisions of Title 10, USC, Section 12731, a member must complete
at least 20 years of satisfactory service. A review of the
applicant’s records indicates he completed 23 years, 7 months, and
22 days of honorable service; however, only 19 years, 11 months,
and 23 days was satisfactory service creditable toward retired pay
eligibility. Honorable service is the total years of service in
the military; it includes satisfactory service, as well as years
the member did not participate sufficiently to earn satisfactory
service. In order to be credited with a year of satisfactory
service, a member must earn a minimum of 50 points through active
duty training, inactive duty training, Extension Course Institute
(ECI) courses, and membership points.
The applicant’s first year in the ANG was not a good year. In
addition, his NGB Form 22 does show he has 20 years, 1 month, and
4 days, of “Total Service for Pay.” This total includes all
service in the military; however, it is not satisfactory service.
The applicant was transferred from the ANG to a non-participating
Reserve status in November 1990, and remained in this status until
he was discharged on 23 September 1993.
The applicant claims his service was reevaluated by ARPC in 1991.
However, ARPC has no record of taking any action on his record in
1991 other than publishing a discharge order.
The complete HQ ARPC/DPP evaluation, with attachments, is at
Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 20 Feb 09 for review and comment within 30 days. As of this
date, no response has been received by this office (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. Based on the
evidence of record and that verified by ARPC the applicant was
properly credited for all of the service which he performed during
his career. We note, after the applicant’s discharge from the ANG,
he was transferred to the inactive Reserve where he remained for
three years, without participation. Additionally, it appears the
ANG/USAFR Point Credit Summary provided by the applicant reflects
his completion of 19 years, 11 months, and 23 days of satisfactory
Federal Service, at the time of his transfer to the inactive
Reserve. While we are not certain as to the circumstances
surrounding the applicant’s inability to participate during his
last three years of service, he has not provided sufficient
evidence he is the victim of an error or injustice. Therefore,
absent 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-2009-00142 in Executive Session on 29 July 2009, under the
provisions of AFI 36-2603:
Mr. Joseph D. Yount, Panel Chair
Ms. Barbara J. Barger, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Jan 09, w/atchs.
Exhibit B. Applicant’s Master Personnel Records
Exhibit C. Letter, HQ ARPC/DPP, dated 17 Feb 09, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 20 Feb 09.
JOSEPH D. YOUNT
Panel Chair
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