RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2010-03042
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His High Year of Tenure Date (HYTD) of 1 September 2010 be
adjusted to his Expiration Term of Service (ETS) of 3 August
2012.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes he should be allowed to serve beyond his HYTD because
he was allowed to reenlist to 3 August 2012.
In support of his appeal, the applicant provides a copy of his
reenlistment contract.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
At the time of application, the applicant was serving in the
United States Air Force Reserve (USAFR) in the grade of senior
master sergeant (E-8). On 4 August 2006, he reenlisted for a
period of six years establishing an ETS of 3 August 2012. On
1 September 2010, he was transferred to the Retired Reserve due
to his HYTD.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1K recommends denial. A1K states that the USAFR HYT
Program is designed to improve grade ratios, ensure sustained
promotion opportunity for lower grade enlisted personnel, and to
increase readiness by providing a force fit for the rigors of
war. It requires a traditional Reservists HYTD to be 33 years
from their pay date, first day of the following month not to
exceed age 60 in accordance with Air Force Instruction 36-2612, USAFR Reenlistment and Retention Program, paragraph 7.3. The
applicants 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.
On 4 August 2006, the applicant was allowed to reenlist for a
period of six years. In accordance with the governing Air Force
Instruction, the length of this reenlistment exceeded the
allowable period of participating service the applicant was
authorized to be granted (he should have only been authorized up
to his effective date of his HYTD 1 September 2010). Although
he was allowed to reenlist beyond his HYTD, it does not permit
him to remain in the USAFR beyond his HYTD. The Air Force
Reserve Command does not allow enlisted members to participate
for pay and points after their HYTD. Thus, based on this policy,
Reserve members are automatically transferred to the Retired
Reserve with an effective date of their HYTD; unless they
specifically request to be discharged versus electing to retire.
The applicant was transferred to retirement status effective
1 September 2010.
The complete A1K evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 14 January 2011 for review and comment within 30 days. As of
this date, no response has been received by this office.
_________________________________________________________________
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 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 issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2010-03042 in Executive Session on 28 April 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-03042:
Exhibit A. DD Form 149, dated 17 Aug 10.
Exhibit B. Letter, AFRC/A1K, dated 29 Sep 10.
Exhibit C. Letter, SAF/MRBR, dated 14 Jan 11.
Panel Chair
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