Search Decisions

Decision Text

AF | BCMR | CY2010 | BC-2010-01576
Original file (BC-2010-01576.txt) Auto-classification: Denied
 

 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 applicant’s 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 member’s 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 applicant’s 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 member’s 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 

 

 



Similar Decisions

  • AF | BCMR | CY2010 | BC-2010-03042

    Original file (BC-2010-03042.txt) Auto-classification: Denied

    The applicant’s HYTD of 1 September 2010 (pay date of 30 August 1977 plus 33 years, first day of the following month) is in compliance with the USAFR HYT Program. We took notice of the applicant's complete submission in judging the merits of the case; however, 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. ...

  • AF | BCMR | CY2010 | BC-2010-03023

    Original file (BC-2010-03023.txt) Auto-classification: Denied

    Other relevant facts are contained in the Air Force evaluation prepared by HQ AFRC/A1K, which is at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/A1K recommends disapproval and states the case should be closed administratively since this is a command policy issue and there has been no violation of command policy. The complete HQ AFRC/A1K evaluation is at Exhibit...

  • AF | BCMR | CY2004 | BC-2003-03981

    Original file (BC-2003-03981.DOC) Auto-classification: Denied

    DPM states in accordance with AFI 36-2612, a member's HYT date will be the first day of the month following the date equal to the member's pay date plus 33 years, not to exceed age 60. This date, minus the six years of prior service correctly established a pay date of 21 Feb 70. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...

  • AF | BCMR | CY2007 | BC-2006-03516

    Original file (BC-2006-03516.DOC) Auto-classification: Denied

    In support of the appeal, applicant provided a personal statement, dated 30 September 2006, copies of a Chronology prepared by the 482 FW/IG, dated 5 August 2006, a HYTD Notification Memorandum from the 482 MSG/DPMSA, dated 9 January 2004, an Enlistment/Reenlistment Document (DD Form 4), dated 2 October 2004, a Report on Individual Person (RIP), dated 20 April 2005, an undated memorandum acknowledging HYT extension, an e-mail trail from May- July 2005 advising 482 MSG/CES/CC of HYT...

  • AF | BCMR | CY2007 | BC-2007-00365

    Original file (BC-2007-00365.doc) Auto-classification: Denied

    He states that at the time he was considered for promotion to MSgt, he had more than 12 months left until retirement. Counsel opines that based on the stipulations in AFI 36-2502 and AFRC 36-2102, the Air Force could have, and should have, granted the applicant the promotion to master sergeant (MSgt). The waiver was denied because the applicant would have only been able to perform duty as a MSgt for 10 months before reaching his mandatory retirement at High Year of Tenure Date of 20 Mar 07.

  • AF | BCMR | CY2014 | BC 2014 01701

    Original file (BC 2014 01701.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01701 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: 1. While the applicant contends his DNIF status during an extend period of time unjustly precluded him from attaining 50 points for his year ending 29 Nov 11, the Board believes it is the responsibility of each individual service member to carefully track their personal service and points, and to work with his...

  • AF | BCMR | CY2013 | BC 2013 04813

    Original file (BC 2013 04813.txt) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: The Air Force Reserve Command (AFRC) enlisted promotion and demotion policy was folded into an active duty Air Force publication AFI 36-2502, Airman Promotion/Demotion Programs, 31 December 2009. Air Force Reserve enlisted members are promoted to chief master sergeant in accordance with AFPD 36-25, Military Promotion and Demotions and Air Force Reserve Enlisted Promotion Policy. Based on this...

  • AF | BCMR | CY2009 | BC 2009 01150

    Original file (BC 2009 01150.txt) Auto-classification: Approved

    The complete A1K evaluation is at Exhibit C. SAFPC indicates that based on the documentation provided by the applicant in the AFBCMR file, specifically due to incomplete and missing information, and incorrect format, the Air Force Decoration Board (AFDB) would have most likely disapproved the LOM. By the time the applicant’s award package was corrected, he had already retired and SAFPC would not consider it. Accordingly, we recommend that his records be corrected as indicated below.

  • AF | BCMR | CY2009 | BC-2009-01150

    Original file (BC-2009-01150.txt) Auto-classification: Approved

    The complete A1K evaluation is at Exhibit C. SAFPC indicates that based on the documentation provided by the applicant in the AFBCMR file, specifically due to incomplete and missing information, and incorrect format, the Air Force Decoration Board (AFDB) would have most likely disapproved the LOM. By the time the applicant’s award package was corrected, he had already retired and SAFPC would not consider it. Accordingly, we recommend that his records be corrected as indicated below.

  • AF | BCMR | CY2013 | BC 2013 02444

    Original file (BC 2013 02444.txt) Auto-classification: Approved

    The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR) which are included at Exhibits C, D, and E. AIR FORCE EVALUATION: AFPC/DPSOR recommends the applicant’s record be corrected to reflect he requested and received a reserve commission and transferred to the IRR when he separated from active duty. A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. ARPC/DPA recommends approval,...