RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02478
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
She be given a waiver of 19 non-paid points during the period of
1 May 1999 and 30 April 2000 to qualify for a reserve retirement
in order to receive concurrent receipt.
APPLICANT CONTENDS THAT:
At the time of her medical retirement, she requested to stay on
active duty long enough to complete her final satisfactory service
year for a reserve retirement; however, her request was denied.
She later returned to Reserve duty as an Individual Mobilization
Augmentee (IMA). It took months for ARPC to release her and
provide orders to start training. As a result of this delay and
her Retention/Retirement (R/R) date being 1 May, she was 19 points
short of a satisfactory service year.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
Special Order No. ACD 00949 dated 2 April 2009 reflects the
applicant was relieved from active duty on 25 June 2009 and was
permanently disability retired on 26 June 2009 in the grade of
master sergeant. She completed 29 years and 1 day of service for
basic pay and 15 years, 7 months and 7 days of active service for
retirement.
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 B.
AIR FORCE EVALUATION:
ARPC/DPTS recommends denial due to the applicant not completing
sufficient participation points required by law to qualify for
retirement.
DPTS states the applicants anniversary date was correctly
established as 1 May on l May 1989 per AFI 36-2254 V1, Table 2.4 -
Note 7.
The applicant did not participate beyond 25 June 2009 which led to
a career satisfactory service total of 19 years, 10 months and
4 days.
The evidence the applicant provides suggests that she served up to
the time her health no longer supported military duty and she was
medically retired. In short, she did not participate long enough
to qualify for 20 years of qualifying service for a non-regular
retirement per DoDI 1215.7, Enclosure 3, paragraph 1.a. Life
events prevented her from completing points required by Title
10 U.S.C. 12732 (a)(2) to qualify for retirement. However, she is
receiving disability retirement compensation.
A complete copy of the ARPC/DPTS 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 4 November 2014 for review and comment within 30 days (Exhibit
C). 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 is timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicants contentions are duly noted; 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.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2014-02478 in Executive Session on 2 April 2015, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 June 2014, w/atchs.
Exhibit B. Letter, ARPC/DPTS, dated 11 September 2014.
Exhibit C. Letter, SAF/MRBR, dated 4 November 2014.
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