RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02519
		INDEX CODE:  110.03

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His discharge from the Air Force Reserve on 14 November 1997 be revoked and he be assigned to the Retired Reserve, effective    29 August 1996, or, as an alternative he be allowed to enter a Reserve position.

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APPLICANT CONTENDS THAT:

He was involuntarily discharged, under the Reserve Transition Assistance Program (RTAP), before he could serve the required six years towards retirement.  He was never afforded the opportunity to transfer to the Retired Reserve and believes he is qualified for an RTAP bonus for time served.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 22 February 1971.  He was progressively promoted to the grade of technical sergeant (TSgt/E-6) effective and with a date of rank of 1 September 1983.  He was honorably discharged on 21 March 1988 under the provisions of AFR 39-10, for completion of extended enlistment, after serving 17 years and 1 month of active service.

Applicant enlisted in the Air Force Reserve on 14 November 1991, for a period of six years.  He was placed on overage status on   1 July 1996, and reassigned to the Non-obligated, Non-participating Ready Personnel Section (NNRPS) at ARPC effective 29 August 1996.  He was involuntarily discharged, under RTAP, on 14 November 1997.  He had served a total of 22 years and 1 month of satisfactory service at the time of discharge, of which the last five were in the Air Force Reserve.

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AIR FORCE EVALUATION:

HQ ARPC/DPP recommends denial.  DPP states that in order to be eligible for retired pay under the provisions of 10 USC 12731, the applicant needed a minimum of 20 satisfactory years of service, of which the last 6 years were required to be served in a Reserve component.  Applicant served only 5 years towards the Reserve component requirement.  DPP’s position is that the applicant failed to meet the requirements for retirement and was, therefore, not eligible for entry into the Retired Reserve nor was he eligible to receive the Reserve Special Separation Pay awarded to those eligible to retire under RTAP.  

DPP suggested that the applicant contact an Air Force Recruiter to determine if he is eligible to enlist in the USAFR and, if so, he could then seek an assignment to Korea.

The complete evaluation 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 on 20 December 2002 for review and comment within 30 days.  As of this date, there has been no response 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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case.  The board noted that the applicant served 22 years and 1 month of satisfactory service.  However, in order to qualify for a reserve retirement under Title 10, U.S.C., Section 12731, the last 6 years of service must be performed in a Reserve Component.  Because the applicant had only 5 years of such service, he did not qualify for reserve retirement nor was he eligible for an RTAP bonus.  Applicant should contact his recruiter concerning his eligibility to enlist in the USAFR.  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 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 AFBCMR Docket Number 02-02519 in Executive Session on 18 March 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Aug 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPP, dated 9 Dec 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Dec 02.