RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04222
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be eligible for Reserve retired pay on 10 Nov 10, nine months
prior to his 60th birthday on 10 Aug 11.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was only six days short of performing the required 90 days of
active duty service in support of a contingency operation to
qualify for early retired pay. As a result, he will have to
wait until 10 Feb 11 to qualify for Reserve retired pay. He
performed eight days of active duty which were in support of
operations in Iraq and Afghanistan, but the time is not
creditable as it was performed under the provisions of Title 32,
USC.
In support of his request, the applicant provides copies of
e-mail correspondence related to the matter under review and an
early retirement worksheet.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant served in the Texas Air National Guard (ANG) in
the grade of master sergeant (E-7), effective and with a date of
rank of 7 Dec 09. On 12 Sep 10, he was transferred to the
retired reserve list.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPT recommends denial, indicating there is no evidence of
an error or injustice. Title 10, USC, Section 12731,
establishes that eligibility for Reserve retired pay is attained
at age 60. However, the National Defense Authorization Act
(NDAA) for Fiscal Year 2008 (FY08) amended this law to authorize
a member to earn reduction of their Reserve retired pay age by
three months for each 90 days of qualifying active duty service
performed per fiscal year. Such service includes 1) active duty
performed as a result of an involuntary mobilization during a
war or national emergency declared by the President or Congress,
2) active duty performed voluntarily under 10 USC 12301(d), and
3) Full-time National Guard duty under a call to active service
authorized by the President or Secretary of Defense under 32 USC
502(f) for the purpose of responding to a national emergency
declared by the President or supported by Federal funds (i.e. to
assist in the aftermath of Hurricane Katrina, to secure U.S.
airports following the terrorist attacks of 11 Sep 01, etc.).
The applicant is six days short of achieving his second 90-day
aggregate of qualifying service for FY09. He has provided
orders for eight days of active duty performed in FY09 which
were not credited. Unfortunately, the eight days the applicant
would like credit for are not creditable under this program as
they were not performed under the qualifying provisions of
Titles 10 or 32, USC.
A complete copy of the ARPC/DPT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 28 Jan 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(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. After careful
consideration of applicant's request and the available evidence
of record, we find insufficient evidence of error or injustice
to warrant corrective action. The facts and opinions stated in
the advisory opinion appear to be based on the evidence of
record and have not been adequately rebutted by applicant.
Absent persuasive evidence applicant was denied rights to which
entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record.
________________________________________________________________
THE BOARD RECOMMENDS 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-2010-04222 in Executive Session on 26 Jul 11, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Nov 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPT, dated 13 Dec 10, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 28 Jan 11.
Panel Chair
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