RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  01-02537
			INDEX CODE:  135.02
			COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be given a satisfactory year for retirement year ending (RYE) 1 October 1993.

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APPLICANT CONTENDS THAT:

Upon his release from active duty, he transferred to the Air Force Reserve and never received an orientation from his unit of assignment on the requirements needed for proper credit toward a good year for retirement.  The Individual Mobilization Augmentation (IMA) program leaves a lot of room for improvement.  Members are left to seek for themselves any personal support they need.  He is now with the Air National Guard where the newcomers are briefed and educated.  If he had that support upon his assignment to the Cat B position in the Air Force Reserve, he would not be asking for the credit.  He admits that it was his responsibility to review his AF Form 526, ANG/USAFR Point Credit Summary, but it wasn’t until he thought he had 20 years and was planning for retirement that he discovered he did not have proper credit.  It was the recommendation of his Military Personnel Flight to apply for this correction.

In support of his application, the applicant submits copies of AF Form 526, DD Form 214 (Certificate of Release or Discharge from Active Duty), AF Form 1288 (Application for Ready Reserve Assignment) and ARPC Reserve Order JE-1626.  The applicant’s submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 1 October 1992, the applicant was released form the Regular Air Force in the grade of staff sergeant (E-5).  He was credited with 11 years and 10 days of active duty service.  On 2 October 1992 he transferred to the Air Force Reserve as a Category B IMA attached to the 391 Security Police Squadron at Goodfellow AFB, TX.  On 12 March 1993 he was released from the Air Force Reserve and was assigned to the Air Nation Guard at Selfridge, MI where he is currently serving in the grade of master sergeant (E-7).  For the Reserve/Retirement (R/R) Year 2 October 1992 to 1 October 1993, he was credited with 1 active duty point, 28 inactive duty points and 15 membership for a total of 44 points.  Subsequent to that time, he has earned satisfactory years of Federal service.  Information in the Personnel Data System (PDS) reveals that, as of the Retirement Year Ending (RYE) 1 October 2000, he was credited with 18 years and 10 days of satisfactory Federal service.

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AIR FORCE EVALUATION:

AFPC/DPPP indicated that when individuals are assigned to Reserve units they are given information regarding their participation requirements for the position.  Title 10, United States Code, Section 12732 requires an individual to accrue 50 points per retention/retirement year for satisfactory service.  There are no provisions in the law to waive the minimum point requirement.  The applicant earned 44 points for retention year ending 1 October 1993.  Since there is no indication an error or injustice occurred, DPP recommends the application be denied.  A complete copy of the advisory is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the applicant for review and response.  As of this date, this office has received no response (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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case to include his assertion that he was not adequately briefed on the requirements for his position upon entering the Air Force Reserve.  However, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Furthermore, the Board is of the opinion it was incumbent upon the applicant to be aware of what constituted a satisfactory year of federal service towards his retirement.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 11 December 2001, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Aug 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 29 Oct 01.
    Exhibit D.  Letter, SAF/MIBR, dated 9 Nov 01.