RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04183 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be allowed to obtain required time in service to be eligible 
for retirement from the Air National Guard (ANG). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was eligible for retention under the reserve enlisted 
sanctuary law but was improperly counseled concerning regarding 
his “satisfactory points.” 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to the applicant’s NGB Form 22, Report of Separation 
and Record of Service, the applicant enlisted in the Air 
National Guard on 5 Jun 99. 

 

On 4 Feb 06, the applicant was honorably discharged at the 
expiration of his term of service with the authority and reason 
for his separation listed as AFI 36-3209, Separation and 
Retirement Procedures for Air National Guard and Air Force 
Reserve Members, paragraph 3.12.1., voluntary separation at the 
expiration of his term of service. He was credited with 
21 years, 7 months, and 14 days of total military service, which 
included 20 years and 14 days of satisfactory reserve service. 
However, according to the applicant’s point credit accounting 
report summary (PCARS), dated 6 Sep 12, he was only credited 
with 18 years of total satisfactory reserve service. 

 

According to 10 U.S.C. Section 1176, a reserve enlisted member 
serving in an active status who is selected to be involuntarily 
separated (other than for physical disability or for cause), or 
whose term of enlistment expires and who is denied reenlistment 
(other than for physical disability or for cause), and who on 


the date on which the member is to discharged or transferred 
from an active status is entitled to be credited with at least18but less than 20 years of service computed under 10 U.S.C.
Section 12732, may not be discharged, denied reenlistment, or 
transferred from an active status without the member’s consentbefore the earlier of the following:

(a)the date on which the member is entitled to be 
credited with 20 years of service computed under section 12732 
of this title; or
(b)If, as of the date on which the member is to bedischarged or transferred from active status, the member has:
(1)at least 18, but less than 19 years of service, 
the thirdanniversary of the date on which the member would 
otherwise be discharged or transferred from an active status; 
or,
(2)at least 19, but less than 20, years of service, 
the second anniversary of the date on which themember would 
otherwise be discharged or transferred from an active status.
The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary and isattached at Exhibit C.

AIR FORCE EVALUATION:

NGB/A1POrecommends denialindicating there is no evidence theapplicant was refused retention; therefore, he does not qualify 
for sanctuary and must reenlist to be eligible for retirement.
The applicant’s NGB Form 22 indicates he was voluntarily 
separated and is eligible for reenlistment should he meet allapplicable standards. Accordingly, he should contact his local 
ANG recruiter to inquire about eligibility to serve in the ANG.

A complete copy of the NGB/A1POevaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 8Feb13 for review and comment within 30 days. As 
of this date, no response has been received by this office 
(Exhibit D).

2


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. Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. The 
applicant contends he was eligible for retention under the 
reserve enlisted sanctuary law but was improperly counseled 
concerning his “satisfactory points.” After a thorough review 
of the evidence of record and the applicant’s complete 
submission, we believe a preponderance of the evidence supports 
corrective action. In this respect, we note the applicant’s NGB 
Form 22 indicates that he had attained more than 20 years of 
satisfactory service for retirement; however his point credit 
accounting report summary (PCARS) indicates he was only credited 
with 18 years of satisfactory service. Given this obvious 
discrepancy, we find it reasonable to conclude that there was 
some confusion on the part of his unit as to how much service 
the applicant should have been credited with, likely resulting 
in the unit’s decision to not retain him until he had actually 
attained 20 years of satisfactory service for retirement in 
accordance with the provisions of the 10 USC 1176. Therefore, 
we recommend his records be corrected as indicated below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that: 

 

a. He be awarded an additional 31 non-paid inactive duty 
training (IDT) points for the retention/retirement (R/R) year 
20 Jun 86 through 19 Jun 87, resulting in 50 total and 
retirement points and one year of satisfactory Federal service 
for retirement. 


 

b. He be awarded an additional 21 non-paid inactive duty 
training (IDT) points for the retention/retirement (R/R) year 
20 Jun 89 through 19 Jun 90, resulting in 50 total and 
retirement points and one year of satisfactory Federal service 
for retirement. 


 

 c. On 3 February 2006, he applied for transfer to the 
Retired Reserve and his request was approved by competent 
authority, effective 4 February 2006. 

 

 d. On 3 February 2006, he elected to participate in the 
Reserve Component Survivor Benefit Plan (RCSBP) in accordance 
with his subsequently expressed preferences. 


 e. On 4 February 2006, he was transferred to the retired 
reserve. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-04183 in Executive Session on 25 Jun 13, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

All members voted to correct the records as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 1 Oct 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, NGB/A1PO, dated 10 Jan 13. 

 Exhibit D. Letter, SAF/MRBR, dated 8 Feb 13. 

 

 

 

 

 

 Panel Chair