RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01791
		INDEX NUMBER:  135.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be assigned to the Retired Reserve as of 1 January 1986, and that he be awarded all benefits associated with that action.

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APPLICANT CONTENDS THAT:

He was 29 days (or one weekend drill) short of being eligible to retire for pay from the Reserve.  He states that he was not made aware that his participation time with the North Dakota and Texas Air National Guard would not be counted as satisfactory service, making him one month short in the final accounting.  He further states that if he had been given proper counseling and guidance, he would have been eligible to be transferred to the Retired Reserve.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

ARPC Form 168, Computation for AF Form 526, dated 9 August 2001, reflects that the applicant served on active duty in the Regular Air Force from 15 June 1965 to 1 December 1972.  He was in civilian status from 2 December 1972 to 15 December 1972.  During the period 16 December 1972 to 8 April 1973, he served in the North Dakota/Texas Air National Guard.  From 9 April 1973 until 22 September 1976, he served on active duty in the Regular Air Force.  He returned to the Air National Guard on 23 September 1976 until his discharge on 27 October 1986.  The applicant completed a total of 19 years, 11 months, and 1 day of satisfactory Federal service.

An ANG/USAFR Point Credit Summary containing computerized information on the applicant’s participation was provided to him for review on 27 October 1986.

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AIR FORCE EVALUATION:

HQ ARPC/DPP recommended denial.  They state that in order for the period from 16 December 1972 to 8 April 1973 to be credited as satisfactory service the applicant must have earned at least 16 points during this period.  They indicate that it appears that the applicant stopped participating in December 1985 although he was not discharged until 27 October 1986.

A complete copy of the Air Force evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 October 2001, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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 probable error or injustice. After a careful review of the evidence of record, we note that, except for the retirement/retention period in question, the applicant had earned sufficient points to be credited with over 19 satisfactory years of Federal service.  While we are not certain as to why the applicant did not participate during the period January 1986 to October 1986, we note that had he requested to be transferred to the Retired Reserve in December 1985, he would have been eligible for retired pay at age 60.  Therefore, we believe that the applicant was not properly counseled concerning this issue.  In view of the above, we recommend that his record be corrected to the extent indicated below. 

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THE BOARD RECOMMENDS THAT:

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

a.  He was discharged from the Air National Guard on 16 December 1985, rather than 27 October 1986, and on 17 December 1985, he was transferred to the Headquarters Air Reserve Personnel Center.

	b.  On 18 December 1985, he was transferred to the Retired Reserve, in the Reserve grade of Technical Sergeant, with entitlement to retired pay at age 60.

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The following members of the Board considered this application in Executive Session on 19 December 2001, 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 23 June 2001.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPP, dated 28 September 2001.
     Exhibit D.  Letter, SAF/MIBR, dated 5 October 2001.

                                   

AFBCMR 01-01791

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

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

	a.  He was discharged from the Air National Guard on 16 December 1985, rather than 27 October 1986, and on 17 December 1985, he was transferred to the Headquarters Air Reserve Personnel Center.

		b.  On 18 December 1985, he was transferred to the Retired Reserve, in the Reserve grade of Technical Sergeant, with entitlement to retired pay at age 60.