RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2010-03042 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His High Year of Tenure Date (HYTD) of 1 September 2010 be adjusted to his Expiration Term of Service (ETS) of 3 August 2012. _________________________________________________________________ APPLICANT CONTENDS THAT: He believes he should be allowed to serve beyond his HYTD because he was allowed to reenlist to 3 August 2012. In support of his appeal, the applicant provides a copy of his reenlistment contract. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: At the time of application, the applicant was serving in the United States Air Force Reserve (USAFR) in the grade of senior master sergeant (E-8). On 4 August 2006, he reenlisted for a period of six years establishing an ETS of 3 August 2012. On 1 September 2010, he was transferred to the Retired Reserve due to his HYTD. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial. A1K states that the USAFR HYT Program is designed to improve grade ratios, ensure sustained promotion opportunity for lower grade enlisted personnel, and to increase readiness by providing a force fit for the rigors of war. It requires a traditional Reservist’s HYTD to be 33 years from their pay date, first day of the following month – not to exceed age 60 in accordance with Air Force Instruction 36-2612, USAFR Reenlistment and Retention Program, paragraph 7.3. The applicant’s HYTD of 1 September 2010 (pay date of 30 August 1977 plus 33 years, first day of the following month) is in compliance with the USAFR HYT Program. On 4 August 2006, the applicant was allowed to reenlist for a period of six years. In accordance with the governing Air Force Instruction, the length of this reenlistment exceeded the allowable period of participating service the applicant was authorized to be granted (he should have only been authorized up to his effective date of his HYTD – 1 September 2010). Although he was allowed to reenlist beyond his HYTD, it does not permit him to remain in the USAFR beyond his HYTD. The Air Force Reserve Command does not allow enlisted members to participate for pay and points after their HYTD. Thus, based on this policy, Reserve members are automatically transferred to the Retired Reserve with an effective date of their HYTD; unless they specifically request to be discharged versus electing to retire. The applicant was transferred to retirement status effective 1 September 2010. The complete A1K evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 14 January 2011 for review and comment within 30 days. 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 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 its 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 basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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 AFBCMR Docket Number BC-2010-03042 in Executive Session on 28 April 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-03042: Exhibit A. DD Form 149, dated 17 Aug 10. Exhibit B. Letter, AFRC/A1K, dated 29 Sep 10. Exhibit C. Letter, SAF/MRBR, dated 14 Jan 11.