RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00806
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reinstated into the Air Force Reserve (AFR) in order to
obtain 20 years of satisfactory service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was improperly discharged from the AFR and not allowed to
achieve 20 years of satisfactory service to qualify for a Reserve
retirement. He believes he was discharged due to being passed
over a second time for promotion to the grade of major. He was
not notified that his records met the FY04 mandatory major
promotion board; or that his mandatory service date (MSD) was
adjusted to 1 Jan 04. At the time of his discharge, he had 18
years, 2 months, and 24 days of satisfactory service and should
have been allowed to complete 20 years by being placed in reserve
sanctuary; however, he did not realize reserve sanctuary
existed. Once placed in sanctuary, he would have had up to three
years to complete 1.75 years of service and qualify for a Reserve
retirement.
He did not realize that he had been discharged until he contacted
ARPC to inquire about possible jobs that might be available in
order for him to continue in the AFR and acquire enough points to
qualify for a Reserve retirement. It was through conversation
with ARPC that he found out about reserve sanctuary; once the
airman told him he had over 18 years of satisfactory service he
realized he should not have discharged.
In support of his request, the applicant provides personal
statements, a copy of his discharge order, and a copy of his
service history.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served in the Marine Corps from 15 Jan 81 through 8 Apr
88. After a break in service, he enlisted in the Regular Air
Force on 5 May 88. On 9 Aug 88, he was discharged and accepted
his commission on 10 Aug 88. He was discharged from the Regular
Air Force on 31 Dec 92 and transferred to the AFR on 1 Jan 93.
On 15 May 02, he was assigned to the Non-Participating Reserve
Personnel Section (NNPRS). The applicant was discharged from the
AFR on 1 Jan 04, in the grade of captain after completing 18
years, 2 months, and 24 days of satisfactory service.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends approval. DPP states the applicant had over
18 years of satisfactory service when he was transferred to the
NNRPS in May 02. The reason for his transfer was for failing to
acquire the appropriate skill level and for not participating in
the AFR program in over a year; thus, he was not fulfilling his
program requirements. However, he should have been afforded the
opportunity to be placed in reserve sanctuary and allowed to
complete his 20 years of satisfactory service. Had he been
placed into sanctuary his MSD would have been adjusted three
years which would have allowed him to participate and complete
20 years of satisfactory service.
The DPP complete 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 3 April 2009 for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. In this
respect, we note that evidence has been introduced which clearly
indicates the applicant should not have been discharged prior to
completing his 20 years of satisfactory service. Therefore, we
agree with the opinion and recommendation of the Air Force office
of primary responsibility that the applicant should be granted
relief in this case. Therefore, we recommend his records be
corrected to the extent indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that:
a. He was not discharged from the Air Force Reserve on
1 January 2004; rather, he continued to be assigned to the Non-
participating Ready Personnel Section (NNRPS).
b. Under the provisions of Title 10, U.S.C., Section 12646,
his new Mandatory Separation Date (MSD) is established as
1 December 2012.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2009-00806 in Executive Session on 29 Sep 09, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Feb 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPP, dated 23 Mar 09, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 3 Apr 09.
Panel Chair
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