RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03023
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His high year of tenure (HYT) date be adjusted from 1 Mar 2017
to 1 Mar 2021.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is a traditional Reservist and will be forced to separate
from the Air Force Reserve before he reaches Reserve retirement
eligibility.
He was forced into the Inactive Ready Reserve (IRR) for reasons
beyond his control.
In support of his request, the applicant provides copies of
extracts from his master personnel records, an e-mail, Special
Orders, a congressional response letter, a letter from the
Dallas Police Department, and personal statements.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
In accordance with AFI 36-2612, United States Air Force Reserve
Reenlistment and Retention Program, paragraph 7.3.2, a
Traditional Reservists HYT date will be 33 years from their pay
date, not to exceed age 60.
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. Further, the
current command policy on HYT date extension requests allows for
the applicant to be reviewed for an extension of 14 months,
prior to HYT date expiration (14 months prior to 1 Mar 17). If
in fact, his leadership at that time determines if his services
are deemed to be essential to unit readiness and those services
are indispensable to his units mission ready status; a HYT date
extension request in accordance with AFI 36-2612, Chapter 8, may
be submitted through channels up to HQ AFRC/CC for approval or
disapproval.
In accordance with AFI 36-2604, Service Dates and Dates of Rank,
paragraph 4.6 and Department of Defense Financial Management
Regulation 7000.14R, Military Pay Policy and Procedures Active
Duty and Reserve Pay, a members pay date is adjusted based on a
break in military service which is most commonly defined as a
complete severance from military service. Assignment to the IRR
is not considered a break in military service because the member
maintains a military status and continues to be subject to
recall to active duty military service while assigned to the
IRR, i.e., there is no complete severance from military service.
Therefore, the period of time the applicant was assigned to the
IRR does not warrant adjustment to his pay date.
The complete HQ AFRC/A1K evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He agrees his case is within the Air Force command HYT policy;
however, he was recruited from the U.S. Army National Guard
where the HYT is not a command policy. He requests the Board
consider his case based on the injustice of the four years that
were beyond his control rather than current HYT policy.
The applicants complete response is at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has not 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. While the
applicant states he is being forced to separate for reasons
beyond his control before he reaches retirement eligibility, we
note this has not occurred and he is eligible for an extension
review at a later date. Therefore, 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 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.
_________________________________________________________________
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 Docket Number
BC-2010-03023 in Executive Session on 13 January 2011, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFRC/A1K, dated 29 Oct 10.
Exhibit D. Letter, SAF/MRBR, dated 12 Nov 10.
Exhibit E. Letter, Applicant, dated 4 Dec 10.
Panel Chair
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