RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05449
COUNSEL:
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to add five months to his Reserve
points.
________________________________________________________________
APPLICANT CONTENDS THAT:
He has been denied his retirement earned over the course of a
career beginning in Vietnam and ending just after the turn of
the century. On 8 September 1999, he was barred from entering
Grissom Air Force Base, Indiana. Because he was barred from the
base he could not complete his required drills. When he was
discharged, he was 5 months short of completing 20 years of
service because of his inability to complete drills. Later, the
reason for his being barred from the base was reduced to a
Class-A misdemeanor. Because it is no longer considered to be
serious, the bar should be retroactively rescinded and he should
be reinstated and 5 months should be added to his Reserve
points.
In support of his request, the applicant provides copies of
letters pertaining to his discharge actions, an order from the
Miami Circuit Court, and documents extracted from his Military
Personnel Record.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Air Force Reserve (AFR).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
1. ARPC/DPTT recommends denial. DPTT states the applicant is
not eligible for Reserve retirement. In order to establish
eligibility for a Reserve retirement under the provision of
Title 10, United States Code (U.S.C.), Section 12731, a member
must complete 20 years of satisfactory service. A review of the
applicant's record indicates he was convicted of a Class D
Felony on 17 August 1999, by the Miami County Circuit Court,
Indiana, for pointing a firearm at an individual. Based on the
civil conviction, his commander barred him from Grissom Air
Reserve Base on 8 September 1999. He was issued a Letter of
Notification of Administrative Discharge Action on
10 April 2000, and was subsequently relieved from his Reserve
assignment and honorably discharged, effective
10 September 2000. At the time of his discharge, the applicant
had 19 years and 7 months of satisfactory service towards
meeting the qualifications for Reserve retired pay.
2. The applicant turned age 60 on 19 October 2006. The Miami
County Circuit Court, Indiana, modified his sentence on
30 January 2008, changing it from a Class D Felony to a Class A
Misdemeanor. This modification does not negate the reason the
applicant was originally barred from the base and subsequently
discharged. The relief the applicant is requesting is contrary
to law under the provisions of Title 10 U.S.C., Section 12731.
The complete ARPC/DPTT 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 17 February 2013 for review and comment within
30 days (Exhibit D). To date, a response has not been received.
________________________________________________________________
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. After
thoroughly reviewing the evidence of record and noting the
applicant's contention that because of his inability to complete
drills he was 5 months short of completing 20 years of service
when he was discharged; we are not persuaded his discharge was
in error or unjust. Accordingly, 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. The
evidence available to us reflects that the discharge was
properly executed and we find no basis to grant any additional
service credit. In view of the above, and in the absence of
evidence to the contrary, we find no compelling 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 this application
in Executive Session on 4 September 2013, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2012-05449:
Exhibit A. DD Form 149, dated 8 Nov 2012, w/atchs.
Exhibit C. Letter, ARPC/DPTT, dated 11 Feb 2013, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 17 Feb 2013.
Panel Chair
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