RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01047
		INDEX CODE:  136.01

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be granted a waiver of four months of the six-year qualifying service requirement so he can be issued a 20-year retirement certificate and be eligible for Reserve retirement at age 60.

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APPLICANT CONTENDS THAT:

He was told on release from active duty that if he spent six years in a Reserve or Air National Guard (ANG) unit, that he would qualify for a retirement.  No one told him however, that the six years required were considered qualifying years based on his retirement year ending date of July.  Consequently he served six years, but not six qualifying years.  His qualifying years total five years and eight months.  

His unit did not inform him of this requirement nor did they seem to know of it as they issued his National Guard Bureau (NGB) Form 22, Report of Separation and Record of Service, as a Retirement action.  He served honorably and was careful to coordinate any and all proposed retirement actions.  Had he known he needed to remain on Reserve duty, he certainly would have stayed until July 2001.  As a career Non Commissioned Officer (NCO) he possessed both the experience and knowledge to seek assistance from those trained to give advice and make recommendations for a person soon to retire with over 26 years of loyal service.  He does not feel he should have to complete another full year of service to make up the four-month shortfall created by situations completely out of his control.  He is now 48-years-old and has made life decisions that would create extreme hardships for his family and himself should he have to complete a full year of Reserve service at this point in his life.

In support of his appeal, the applicant has provided copies of an Air Force DD Form 214, Certificate of Release or Discharge from Active Duty, an Army National Guard (ARNG) NGB Form 22, an ANG NGB Form 22, an honorable discharge order, a memorandum from Air Reserve Personnel Center (ARPC) regarding time necessary to retire with a Reserve retirement, a point credit summary, and contact information.

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

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STATEMENT OF FACTS:

The applicant has completed 25 years of satisfactory federal service; however, he completed only five years, of the required last six years, of qualifying service in a Reserve component.  He enlisted in the Air Force Reserve (AFRES) on 15 July 1974 and then served with the Air Force from 7 October 1974 to 15 March 1994 where he completed 19 years, 5 months, and 9 days of active service.  On 16 March 1994, he was transferred to the AFRES in a non-participating status.  On 30 March 1995, he enlisted in the Oregon Army National Guard (ORARNG).  He transferred to the California ANG (CAANG) on 16 February 2000 and participated until 30 March 2001 when he again transferred to the AFRES in a non-participating status.  He is currently assigned to the Non-Affiliated Reserve Section (NARS).  NARS is a non-participating status.

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  The applicant’s Retention/Retirement (R/R) year was established as July to July.  He transferred from active duty to AFRES on 16 March 1994 and did not participate until he enlisted in the ORARNG on 30 March 1995.  Therefore from 30 March 1995 to the end of his R/R year (14 July 1995) he accrued only ten points.  50 points are necessary for a year to be considered a year of satisfactory service.  For every year he served and did not accrue 50 points, between July and July, he was not credited with a satisfactory year.  From 15 July 1995 through 14 July 2000 he completed five satisfactory years of service.  However, for the period 15 July 2000 to 30 March 2001, the date of his separation from the CAANG, he earned only four points.  DPP states the applicant has not completed the last six years of satisfactory service in a Reserve component as required by law.  He is not eligible to retire under Title 10, United States Code (U.S.C.), Section 12731.  Additionally, the Reserve qualifying service requirement cannot be waived.

DPP’s complete evaluation, with attachment, 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 7 May 2004 for review and comment within 30 days.  As of this date, this office has received no response.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. While the applicant was not provided official notification that he was eligible for retired pay at age 60, the evidence provided persuades the Board that he was led to believe that when he was discharged from the ANG he met all requirements for eligibility for retirement.  In this respect, we note that NGB Form 22, discharge document, states that the reason for his discharge was retirement.  In addition, Special Order # AD-304, states that the applicant was being discharged so that he could apply for retirement.  It appears the appropriate Air Force officials were and still are uncertain as to how much service time the applicant has accrued.  In this respect, we note the letter the applicant received in October 2003, stating that he is not eligible for retired pay at age 60 because he needs two additional years.  However, based on the advisory opinion we received with this appeal, he only needs one additional year.  We note too that the applicant has served on active duty with the Army, in the Army Guard and now with the ANG which may have contributed to the miscalculation.  Under the circumstances of this case and since he only needed an additional 31 points to obtain eligibility for a Reserve retirement, it is inconceivable that he would have elected to be discharged prior to obtaining the additional points.  Based on the above findings, we believe the applicant has established that he was miscounseled; therefore, we recommend his records be corrected to the extent indicated below.  ______________________________________________________________

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 credited with an additional thirty-one (31) non-paid inactive duty points for retention/retirement year 15 July 2000 to 14 July 2001, resulting in 50 total points; and, that the period 15 July 2000 to 14 July 2001 is a year of satisfactory Federal service. 

		b. On 15 July 2001, he was transferred to the Retired Reserve, eligible for Reserve retired pay at age 60 under the provisions of Title 10, U.S.C., Section 12731.
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The following members of the Board considered AFBCMR Docket Number BC-2004-01047 in Executive Session on 16 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Mar 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 29 Apr 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.

                                   

AFBCMR BC-2004-01047

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 credited with an additional thirty-one (31) non-paid inactive duty points for retention/retirement year 15 July 2000 to 14 July 2001, resulting in 50 total points; and, that the period 15 July 2000 to 14 July 2001 is a year of satisfactory Federal service.

		b. On 15 July 2001, he was transferred to the Retired Reserve and is eligible for Reserve retired pay at age 60 under the provisions of Title 10, U.S.C., Section 12731.