RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04222 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be eligible for Reserve retired pay on 10 Nov 10, nine months prior to his 60th birthday on 10 Aug 11. ________________________________________________________________ APPLICANT CONTENDS THAT: He was only six days short of performing the required 90 days of active duty service in support of a contingency operation to qualify for early retired pay. As a result, he will have to wait until 10 Feb 11 to qualify for Reserve retired pay. He performed eight days of active duty which were in support of operations in Iraq and Afghanistan, but the time is not creditable as it was performed under the provisions of Title 32, USC. In support of his request, the applicant provides copies of e-mail correspondence related to the matter under review and an early retirement worksheet. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant served in the Texas Air National Guard (ANG) in the grade of master sergeant (E-7), effective and with a date of rank of 7 Dec 09. On 12 Sep 10, he was transferred to the retired reserve list. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPT recommends denial, indicating there is no evidence of an error or injustice. Title 10, USC, Section 12731, establishes that eligibility for Reserve retired pay is attained at age 60. However, the National Defense Authorization Act (NDAA) for Fiscal Year 2008 (FY08) amended this law to authorize a member to earn reduction of their Reserve retired pay age by three months for each 90 days of qualifying active duty service performed per fiscal year. Such service includes 1) active duty performed as a result of an involuntary mobilization during a war or national emergency declared by the President or Congress, 2) active duty performed voluntarily under 10 USC 12301(d), and 3) Full-time National Guard duty under a call to active service authorized by the President or Secretary of Defense under 32 USC 502(f) for the purpose of responding to a national emergency declared by the President or supported by Federal funds (i.e. to assist in the aftermath of Hurricane Katrina, to secure U.S. airports following the terrorist attacks of 11 Sep 01, etc.). The applicant is six days short of achieving his second 90-day aggregate of qualifying service for FY09. He has provided orders for eight days of active duty performed in FY09 which were not credited. Unfortunately, the eight days the applicant would like credit for are not creditable under this program as they were not performed under the qualifying provisions of Titles 10 or 32, USC. A complete copy of the ARPC/DPT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 Jan 11 for review and comment within 30 days. As of this date, no response has been received by this office (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. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been adequately rebutted by applicant. Absent persuasive evidence applicant was denied rights to which entitled, appropriate regulations were not followed, or appropriate standards were not applied, we find no basis to disturb the existing record. ________________________________________________________________ THE BOARD RECOMMENDS 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-2010-04222 in Executive Session on 26 Jul 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 Nov 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPT, dated 13 Dec 10, w/atch. Exhibit D. Letter, SAF/MRBR, dated 28 Jan 11.