RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-03239 INDEX CODE:	108.00
XXXXXXXXXXXXXXXXXX	COUNSEL: NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His	satisfactory	service	time	be	changed	from	18	years,
5 months, and 26 days, to 20 years.

APPLICANT CONTENDS THAT:
He is trying to retire; however, he has not been given service credit for years 1988 through 1991. He was not released from the Air Force Reserve until September 1991, because of Stop Loss. He wanted to stay in the Reserves for a few more years; however, he was not able to pass the physical.

In support of his request, the applicant provides a personal statement, a copy of a Stop Loss Notification, dated 23 February 1991; a copy of his Reserve Identification Card; and copies of his 1984 and 1988 Air National Guard/United States Air Force Reserve (ANG/USAFR) Point Credit Summaries.

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

STATEMENT OF FACTS:
The applicant’s military personnel records are not available for review; however, according to his Air Force Form 526, ANG/USAFR Point  Credit  Summary,  closing  17  September  1988,  he  had
18 years, 5 months, and 26 days of satisfactory Federal service.
The remaining relevant facts extracted from the applicant’s available military records, are contained in the Air Force advisory opinion at Exhibit B.

AIR FORCE EVALUATION:
ARPC/DPP recommends denial of the applicant’s request. DPP states that in order to be eligible for retired pay, a person must complete 20 years of satisfactory service, with the last

eight years of qualifying service in a Reserve component. A review of the applicant’s record indicates he was discharged from the United States Air Force Reserve (USAFR) on 30 May 1991. He completed 22 years, 3 months, and 2 days of honorable Federal service; however, only 18 years, 5 months, and 26 days of this time is satisfactory service credited toward retired pay eligibility. Honorable service is the total years of service in the military. It includes satisfactory years, as well as years during which the member did not participate sufficiently to earn satisfactory service. To be granted a year of satisfactory service, a member must participate and earn a minimum of 50 points in a specific one year period.

DPP indicates the applicant was transferred from a participating status in a Reserve unit, to a non-participating status at the Air Reserve Personnel Center (ARPC) on 16 June 1988, due to non- participation. He remained in the non-participating status until he was discharged from the USAFR on 30 May 1991, which was his Expiration of Term of Service (ETS).  The applicant was sent a letter, dated 23 February 1991, advising him that he was affected by Stop Loss; however, this letter did not prevent him from participating. It simply advised him that he could not separate from the USAFR until the Stop Loss was lifted. The Stop Loss action did not prevent the applicant from participating and earning good service between 1988 and 1991. In addition, there is no documentation in his records indicating he was denied reenlistment because of medical problems. His enlistment contract expired and he was discharged on 30 May 1991.

The complete DPP evaluation, with attachments, is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
While the record of his service points and years appears to be accurate, he believes he should be given some credit for the years 1988 through 1991. He has enough Reserve points to retire; however, he needs years of service. It takes 2,200 points for a Reservist to retire and he has 4,800 plus points. He attempted to continue his service in 1991, but could not pass the physical due to an injury he received while on duty on the USS Independence in 1963. Since he was unable to pass the physical to stay in the Reserves, he should have been given a medical discharge or be given creditable time and retired.

The applicant’s rebuttal is at Exhibit D.

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; 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. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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.

The following members of the Board considered this application in Executive Session on 1 July 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-03239:

Exhibit A.	DD Form 149, dated 28 Aug 08, w/atchs. Exhibit B.	Letter, ARPC/DPP, dated 5 May 09, w/atchs. Exhibit C.	Letter, SAF/MRBR, dated 15 May 09.
Exhibit D.	Applicant’s Rebuttal, dated 7 Jun 09.

Panel Chair