RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01576 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His High Year of Tenure Date (HYTD) of 1 January 2011 and his service history, and/or pay date of 14 Dec 77, be adjusted. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He had two breaks in service which has impacted his HYTD. First, when he separated from active duty on 26 Mar 83 and the period of time he was in Retired Reserve status from 15 Oct 99 to 21 Apr 04. In accordance with Department of Defense Instruction (DODI) 1215.7, Service Credit for Reserve Retirement, para 6.1.3.1., a break in service occurs only when a member transfers to an inactive status list, the inactive National Guard, a temporary disability retired list, the Retired Reserve…, and believes these breaks were counted against his HYTD in error, based on laws and applicable instructions. In support of his appeal, the applicant provides a personal statement; a copy of the Air National Guard/United States Air Force Reserve (ANG/USAFR) Point Credit Summary and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Based on the available records, the applicant enlisted in the Air Force Reserve, on 14 Dec 77, for a period of six years. He enlisted in the Regular Air Force, on 27 Jan 78, for a period of four years. On 26 Mar 82, he was honorably released from active duty and transferred to the Air Force Reserve (Inactive status). The applicant was eventually transferred to the Retired Reserve, awaiting pay at age 60, on 15 Oct 99. On 22 Apr 04, the applicant reenlisted in the Air Force Reserve for a period of six years in conjunction with his voluntary request for reassignment into the Selected Reserve, Special Order (SO), Reserve Order (RO) DA-01639, dated 27 Apr 04. On 15 Jan 10, the applicant was released from active duty, with a narrative reason for separation of completion of required active service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFRC/A1K recommends denial. The applicant did not have a break in service during the aforementioned periods. He was assigned to the Inactive Reserve from 27 Mar 82 – 26 Mar 83 to fulfill a military service obligation resulting from his enlistment in the Regular Air Force on 14 Dec 77 for a period of six years. The applicant was assigned to the Retired Reserve from 15 Oct 99 to 21 Apr 04. Neither of these periods of time constitutes a break in service, based on applicable Air Force and DoD directives. A1K notes, IAW AFI 36-2604, Service Dates and Dates of Rank, para 4.6 and DoD Financial Management Regulation (DoDFMR) 7000.14-R, Military Pay Policy and Procedures – Active Duty and Reserve Pay, an assignment to the Inactive Reserve or Retired Reserve is not considered a break in military service because the member is assigned to a military status and as such, is subject to recall. Therefore, the period of time the applicant was assigned to the Inactive Reserve and Retired Reserve does not warrant adjustment of his pay date. The complete AFRC/A1K evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant reiterates his original contentions and notes after researching the applicable directives; he fails to see where the cited regulations state that once you are in the Retired Reserve you are still assigned a military status. In addition, he notes that the Air Reserve Personnel Center (ARPC) Fact Sheet fails to explain that a member’s time while serving in the Retired Reserve is counted towards your HYT. Further, he notes that he was advised by his local personnel office, to request transfer to the Retired Reserve because this would be considered a break in service. Each member is entitled to 33 years of creditable service, and since time spent in the Retired Reserve does not give a member credit towards retirement, then the Retired Reserve should not be counted towards HYT. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case. While the applicant believes that periods of inactive Reserve status constitutes a break in service, we disagree. DODI 1215.7, para 6.1.3.1, gives instructions in establishing a Reserve retirement anniversary year, while the DODFMR, Volume 7A, chapter 1, gives instructions for establishing pay dates and creditable service. While the applicant cites both of these directives, the context in which the policies are being applied appears to be misplaced. The Air Force Reserve HYT Program requires a member’s HYTD to be 33 years from their pay date, first day of the following month; not to exceed age 60, whichever comes first. Consequently, we do not find that the period of inactive status to complete his military service obligation or the period on the Reserve retired list awaiting pay at age 60, establishes a break in service. In addition, the applicant indicates that he was advised that the time he spent in the Retired Reserve would require an adjustment to his pay date; however, he has not provided sufficient evidence he was miscounseled in regard to an adjustment to his pay date. While fact sheets and handouts try to inform military members of basic policy and guidance, governance of all military members are based on the applicable laws and policies in effect at the time. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2010-01576 in Executive Session on 19 January 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC/A1K, dated 21 Jul 10. Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10. Exhibit E. Letter, Applicant, dated 16 Aug 10, w/atchs.