RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01576
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His High Year of Tenure Date (HYTD) of 1 January 2011 and his
service history, and/or pay date of 14 Dec 77, be adjusted.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He had two breaks in service which has impacted his HYTD.
First, when he separated from active duty on 26 Mar 83 and the
period of time he was in Retired Reserve status from 15 Oct 99
to 21 Apr 04.
In accordance with Department of Defense Instruction (DODI)
1215.7, Service Credit for Reserve Retirement, para 6.1.3.1., a
break in service occurs only when a member transfers to an
inactive status list, the inactive National Guard, a temporary
disability retired list, the Retired Reserve
, and believes
these breaks were counted against his HYTD in error, based on
laws and applicable instructions.
In support of his appeal, the applicant provides a personal
statement; a copy of the Air National Guard/United States Air
Force Reserve (ANG/USAFR) Point Credit Summary and other
supporting documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the available records, the applicant enlisted in the
Air Force Reserve, on 14 Dec 77, for a period of six years. He
enlisted in the Regular Air Force, on 27 Jan 78, for a period of
four years.
On 26 Mar 82, he was honorably released from active duty and
transferred to the Air Force Reserve (Inactive status). The
applicant was eventually transferred to the Retired Reserve,
awaiting pay at age 60, on 15 Oct 99.
On 22 Apr 04, the applicant reenlisted in the Air Force Reserve
for a period of six years in conjunction with his voluntary
request for reassignment into the Selected Reserve, Special
Order (SO), Reserve Order (RO) DA-01639, dated 27 Apr 04. On
15 Jan 10, the applicant was released from active duty, with a
narrative reason for separation of completion of required active
service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFRC/A1K recommends denial. The applicant did not have a break
in service during the aforementioned periods. He was assigned
to the Inactive Reserve from 27 Mar 82 26 Mar 83 to fulfill a
military service obligation resulting from his enlistment in the
Regular Air Force on 14 Dec 77 for a period of six years. The
applicant was assigned to the Retired Reserve from 15 Oct 99 to
21 Apr 04. Neither of these periods of time constitutes a break
in service, based on applicable Air Force and DoD directives.
A1K notes, IAW AFI 36-2604, Service Dates and Dates of Rank,
para 4.6 and DoD Financial Management Regulation (DoDFMR)
7000.14-R, Military Pay Policy and Procedures Active Duty and
Reserve Pay, an assignment to the Inactive Reserve or Retired
Reserve is not considered a break in military service because
the member is assigned to a military status and as such, is
subject to recall. Therefore, the period of time the applicant
was assigned to the Inactive Reserve and Retired Reserve does
not warrant adjustment of his pay date.
The complete AFRC/A1K evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant reiterates his original contentions and notes
after researching the applicable directives; he fails to see
where the cited regulations state that once you are in the
Retired Reserve you are still assigned a military status. In
addition, he notes that the Air Reserve Personnel Center (ARPC)
Fact Sheet fails to explain that a members time while serving
in the Retired Reserve is counted towards your HYT. Further, he
notes that he was advised by his local personnel office, to
request transfer to the Retired Reserve because this would be
considered a break in service.
Each member is entitled to 33 years of creditable service, and
since time spent in the Retired Reserve does not give a member
credit towards retirement, then the Retired Reserve should not
be counted towards HYT.
The applicants complete response, with attachments, is at
Exhibit E.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case. While the applicant believes that periods of inactive
Reserve status constitutes a break in service, we disagree.
DODI 1215.7, para 6.1.3.1, gives instructions in establishing a
Reserve retirement anniversary year, while the DODFMR, Volume
7A, chapter 1, gives instructions for establishing pay dates and
creditable service. While the applicant cites both of these
directives, the context in which the policies are being applied
appears to be misplaced. The Air Force Reserve HYT Program
requires a members HYTD to be 33 years from their pay date,
first day of the following month; not to exceed age 60,
whichever comes first. Consequently, we do not find that the
period of inactive status to complete his military service
obligation or the period on the Reserve retired list awaiting
pay at age 60, establishes a break in service. In addition, the
applicant indicates that he was advised that the time he spent
in the Retired Reserve would require an adjustment to his pay
date; however, he has not provided sufficient evidence he was
miscounseled in regard to an adjustment to his pay date. While
fact sheets and handouts try to inform military members of basic
policy and guidance, governance of all military members are
based on the applicable laws and policies in effect at the time.
In view of the above and in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-01576 in Executive Session on 19 January 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Apr 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/A1K, dated 21 Jul 10.
Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10.
Exhibit E. Letter, Applicant, dated 16 Aug 10, w/atchs.
Panel Chair
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