RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-03233
								INDEX CODE:  135.03, 136.01
	XXXXXXXXXXXXX				COUNSEL:  NONE

								HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His High Year Tenure (HYT) date and his effective date of retirement be changed from 1 February 2007 to 1 March 2007, so that he can be paid for duty performed through 3 February 2007.

________________________________________________________________

APPLICANT CONTENDS THAT:

While performing military Reserve duties, he was hospitalized from 30 January 2007 to 2 February 2007, and could not return home until 3 February 2007.  His active duty orders were extended from 31 January 2007 to 3 February 2007 due to this hospitalization.

He has not been reimbursed for duty performed from 1-3 February 2007 because he was forced to retire on 1 February 2007 due to reaching his HYT date.

He needs his retirement date changed to 1 March 2007 since retirements are normally the first of the month.

In support of his appeal, he has provided copies of a personal statement, a Line of Duty Determination with the finding of “In Line of Duty”, RO D-08347 for the period 19 January 2007 through 31 January 2007, certified and showing he performed duty (to include travel) for the period 18 January 2007 through 3 February 2007, an amendment to RO D-08347, changing his active duty release date to 2 February 2007,, and RO EK-2372, assigning him to the Retired Reserve effective 1 February 2007.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant was a Reservist serving in the grade of senior master sergeant (E-8) and was assigned to the 99th Ground Combat Training Squadron, Creech AFB, NV.  While performing an active duty tour from 19-31 January 2007, he was hospitalized and it was later determined that the injury was in the Line of Duty.  His active duty tour was extended from 31 January 2007 to 3 February 2007 due to the hospitalization; however, he reached his HYT date on 1 February 2007, and was assigned to the Retired Reserve effective that date.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends that his request to change his HYT date and retirement effective date be approved.  However, they recommend that the new date be 4 February 2007, instead of 1 March 2007, as there is no provision of law that requires Reserve Retirements to be effective on the first day of a month.  Changing his HYT and retirement effective dates to 4 February 2007 would allow him to be fully reimbursed for all duty performed.

The ARPC/DPP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 26 October 2007, for review and comment, within 30 days.  However, as of this date, no response has been received by this office.

________________________________________________________________

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 an error or injustice to warrant adjusting the applicant’s HYT date of 1 February 2007, and to adjust his date of separation from the Air Force Reserve to reflect a date that would allow him to be fully reimbursed for all duty performed.  Evidence has been presented that while performing an active duty tour from 19-31 January 2007, he was hospitalized due to an injury that was incurred in the Line of Duty, and his active duty tour was extended from 31 January 2007 to 3 February 2007 due to the hospitalization.  In view of the above, the Board recommends that 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.  on 31 January 2007, competent authority approved his request for a waiver of his High Year of Tenure as an exception to policy, thereby establishing his date of separation as 4 February 2007.

		b.  On 4 February 2007, he was relieved from his current assignment and assigned to the Retired Reserve List, eligible for retired pay at age 60, under the provisions of Title 10, United States Code, Section 12731.

________________________________________________________________

The following members of the Board considered Docket Number BC-2007-03233 in Executive Session on 13 December 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Sep 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 22 Oct 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Oct 07.