RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03023 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His high year of tenure (HYT) date be adjusted from 1 Mar 2017 to 1 Mar 2021. _________________________________________________________________ APPLICANT CONTENDS THAT: He is a traditional Reservist and will be forced to separate from the Air Force Reserve before he reaches Reserve retirement eligibility. He was forced into the Inactive Ready Reserve (IRR) for reasons beyond his control. In support of his request, the applicant provides copies of extracts from his master personnel records, an e-mail, Special Orders, a congressional response letter, a letter from the Dallas Police Department, and personal statements. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: In accordance with AFI 36-2612, United States Air Force Reserve Reenlistment and Retention Program, paragraph 7.3.2, a Traditional Reservist’s HYT date will be 33 years from their pay date, not to exceed age 60. Other relevant facts are contained in the Air Force evaluation prepared by HQ AFRC/A1K, which is at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/A1K recommends disapproval and states the case should be closed administratively since this is a command policy issue and there has been no violation of command policy. Further, the current command policy on HYT date extension requests allows for the applicant to be reviewed for an extension of 14 months, prior to HYT date expiration (14 months prior to 1 Mar 17). If in fact, his leadership at that time determines if his services are deemed to be essential to unit readiness and those services are indispensable to his unit’s mission ready status; a HYT date extension request in accordance with AFI 36-2612, Chapter 8, may be submitted through channels up to HQ AFRC/CC for approval or disapproval. In accordance with AFI 36-2604, Service Dates and Dates of Rank, paragraph 4.6 and Department of Defense Financial Management Regulation 7000.14R, Military Pay Policy and Procedures – Active Duty and Reserve Pay, a member’s pay date is adjusted based on a break in military service which is most commonly defined as a complete severance from military service. Assignment to the IRR is not considered a break in military service because the member maintains a military status and continues to be subject to recall to active duty military service while assigned to the IRR, i.e., there is no complete severance from military service. Therefore, the period of time the applicant was assigned to the IRR does not warrant adjustment to his pay date. The complete HQ AFRC/A1K evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He agrees his case is within the Air Force command HYT policy; however, he was recruited from the U.S. Army National Guard where the HYT is not a command policy. He requests the Board consider his case based on the injustice of the four years that were beyond his control rather than current HYT policy. The applicant’s complete response is at Exhibit E. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has not 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. While the applicant states he is being forced to separate for reasons beyond his control before he reaches retirement eligibility, we note this has not occurred and he is eligible for an extension review at a later date. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, 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 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 Docket Number BC-2010-03023 in Executive Session on 13 January 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFRC/A1K, dated 29 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 12 Nov 10. Exhibit E. Letter, Applicant, dated 4 Dec 10.