RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05135
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be granted a waiver for a good year for retention/retirement year ending (RYE) 17 Feb 12 in order to obtain 20 satisfactory years of Reserve service in order to retire.
APPLICANT CONTENDS THAT:
Due to circumstances beyond his control, he was unable to affiliate with a reserve unit before his term of service expired. He spent the majority of his time in 2011 and early 2012 rebuilding his home and taking care of his family in the aftermath the Minot, ND flood in June 11. He tried, but was unable to find a reserve unit before his expiration term of service (ETS).
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Army on 17 Apr 79.
On 19 Nov 99, the applicant had completed tours of duty in the Regular Army, Army National Guard, and the Army Individual Ready Reserves (IRR), and was credited with 9 years, 4 months, and 13 days of satisfactory service towards a Reserve retirement.
On 18 Feb 00, the applicant enlisted in the Air Force Reserve (IRR).
According to the applicants point credit accounting report summary (PCARS), as of 8 Jun 13, he was credited with 19 years of satisfactory Reserve Service. A satisfactory year of service is achieved when a member attains at least 50 points during a retirement/retention (R/R) year. His last satisfactory R/R year was 18 Feb 09 through 17 Feb 10, where he earned 99 points.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPTSP recommends denial indicating there is no evidence of an error or an injustice. There are no provisions in Title 10 to grant participation credit for members who do not perform either active or inactive duty. That said, AFI 36-2254, Reserve Personnel Participation, Vol. I, paragraph 1.4.1 states that a member may be excused for failing to accrue the 50 point minimum to achieve a year of satisfactory service due to personal hardship. However, members may not receive credit for a satisfactory year of service for the year that is excused. In this case, the member clearly demonstrated a personal hardship, but did not seem to make a reasonable effort to affiliate with a unit or seek other opportunities to earn participation credit. The member was assigned to the Non-obligated Non-participating Reserve Section, Individual Ready Reserve, effective 5 Feb 10.
A complete copy of the AFPC/DPTSP 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 30 Jan 14 for review and comment within 30 days (Exhibit D). 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. We do note that it appears the applicant is still eligible to affiliate with a unit or seek other opportunities to earn participation credit that would allow him to obtain 20 satisfactory years of Reserve service in order to retire. If there is a justifiable reason beyond the applicants control preventing him from doing so, he could submit a request for reconsideration, provided he include appropriate documentation. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
THE BOARD DETERMINES 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-2013-05135 in Executive Session on 13 Nov 14 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPTSP, dated 14 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 30 Jan 14.
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