RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-01340
							INDEX CODE 135.02
							COUNSEL:  None

							HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

His first year in the Reserves be credited as a good year toward a reserve retirement.

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APPLICANT CONTENDS THAT:

He separated from the Air Force 30 Sept 98 after serving over 15 years of active duty service.  He joined the reserves on 1 Oct 98.  He is a member of the 2096th Squadron, serving his reserve time at Elmendorf AFB, AK.  When he joined the reserves, he was told by recruiters and the Medical Forces Program Manager that he would need to be in the reserves for 6 years before he could retire from the reserves, and that he was credited a good year toward retirement for the May 98-May 99 retirement/retention year.  (Because of the AD time from May 98 until Oct 98).  He understands now that he actually has to serve 8 years in the reserves before he is eligible for retirement.  This is different from what he was originally told, but he is okay with this.  His concern is the issue of his first year in the reserves.  He was just told last week that he didn't receive credit for that first year.  He was under the impression that this had already been waived.  He had addressed this previously.  He could only find one email that states that his waiver was granted.  He hates to lose an entire year because of communication problems.  He would have been happy to start his reserve training in Oct 98, but didn't because he felt he have already had a good year.  He began his reserve training Oct 99, and has had good years each subsequent year. 

In support of his appeal, he submits a personal statement, a copy of the waiver request and a copy of an email.

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

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STATEMENT OF FACTS:

The applicant was credited with a good year for the period 21 May 98 to 20 May 99; however, this is not a year of qualifying Reserve service.  The applicant was on active duty from 21 May 98 through 30 Sept 98 (a total of 133 days).  For the period 1 Oct 98 through 20 May 99, the applicant was in the USAFR and he earned 4 Inactive Duty Training points and 10 membership points, for a total of 14 points.  Fourteen points are not sufficient points to make this period a good partial year of service.  In addition, even if the applicant had earned sufficient points to make the period 1 Oct 98 through 20 May 99 a good partial year, he would have been credited with only 7 months and 20 days of qualifying Reserve service.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATION:

ARPC/DPP recommended disapproval.  The applicant seems to be confusing his fiscal year (FY) with his retention/retirement (R/R) year.  He states he was told that he did not receive credit for his first R/R year.  He also believes he received a "waiver" for this year.  The "waiver" the applicant received was for his FY requirement not the Reserve service requirement.  The Reserve service requirement is established by law and cannot be waived.  According to his records, the applicant was credited with a good year for the period 21 May 98 to 20 May 99; however, this is not a year of qualifying Reserve serve.  

The ARPC/DPP evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 3 Jul 02, for review and comment.  As of this date, no response has been received by this office. 

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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 an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case to include his contentions that he was briefed by recruiters and the Medical Forces Program Manager that he would be credited with a good year towards his reserve retirement for his retirement/retention (R/R) year May 1998 through May 1999.  While the applicant was credited with a good year of service, we note that is was not a year of qualifying Reserve service because during his May 98-May 99 R/R year he only served in the Reserve from 1 October 1998 to 20 May 1999 earning 14 points.  Therefore, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the 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 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 Docket Number 02-01340 in Executive Session on 18 September 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 15 Apr 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, ARPC/DPP, dated 20 Jun 02.
	Exhibit D.	Letter, SAF/MRBR, dated 3 Jul 02.