RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02614
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be entitled to a Reserve retirement, with Reserve retired pay at age 60.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
At the time of his discharge from the Air Force in 1968, he had completed 20 years, 1 month, and 7 days of service. He was not advised that he had to join an active Reserve unit when he was discharged or assigned to a unit.
Based on the change in the law, the Fiscal Year 2005 (FY05), National Defense Authorization Act (NDAA), the requirement to serve the last qualifying years in a Reserve component was eliminated and he has been trying to get his retirement since his discharge in 1968.
In support of his appeal, the applicant provides a letter from The Air Reserve Personnel Center (ARPC), dated 7 Jun 10.
The applicants complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on the available records, the applicant was discharged from the Air Force on 1 Aug 68. He was credited with 20 years, 2 months, and 9 days of satisfactory Federal service.
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THE AIR FORCE EVALUATION:
ARPC/DPP recommends denial, stating, in part, since the applicant did not complete the last eight years of qualifying service in a Reserve component, as required by law, he is not entitled to Reserve retired pay under the provisions of Title 10, United States Code (USC), Section 12731, age and service requirements.
The FY05, NDAA, amended Title 10 USC, Section 12731, by eliminating the requirement to serve the last years of qualifying service in a Reserve component. The effective date of the law was 1 May 05, and applies only to members in the military on or after that date. Since the law is not grandfathered, and the applicant was discharged in 1968, over 37 years prior, this law does not apply to him.
The complete ARPC/DPP evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 29 Oct 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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. 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 Reserve 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. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
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(s) involved. Therefore, the request for a hearing is not favorably considered.
________________________________________________________________
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-2010-02614 in Executive Session on 1 February 2011, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jul 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 17 Aug 10, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 29 Oct 10.
Chair
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