RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05449

			COUNSEL:

			HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His record be corrected to add five months to his Reserve 
points.  

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APPLICANT CONTENDS THAT:

He has been denied his retirement earned over the course of a 
career beginning in Vietnam and ending just after the turn of 
the century.  On 8 September 1999, he was barred from entering 
Grissom Air Force Base, Indiana.  Because he was barred from the 
base he could not complete his required drills.  When he was 
discharged, he was 5 months short of completing 20 years of 
service because of his inability to complete drills.  Later, the 
reason for his being barred from the base was reduced to a 
Class-A misdemeanor.  Because it is no longer considered to be 
serious, the bar should be retroactively rescinded and he should 
be reinstated and 5 months should be added to his Reserve 
points.  

In support of his request, the applicant provides copies of 
letters pertaining to his discharge actions, an order from the 
Miami Circuit Court, and documents extracted from his Military 
Personnel Record.  

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

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STATEMENT OF FACTS:

The applicant is a former member of the Air Force Reserve (AFR).  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit C.  

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AIR FORCE EVALUATION:

1.  ARPC/DPTT recommends denial.  DPTT states the applicant is 
not eligible for Reserve retirement.  In order to establish 
eligibility for a Reserve retirement under the provision of 
Title 10, United States Code (U.S.C.), Section 12731, a member 
must complete 20 years of satisfactory service.  A review of the 
applicant's record indicates he was convicted of a Class D 
Felony on 17 August 1999, by the Miami County Circuit Court, 
Indiana, for pointing a firearm at an individual.  Based on the 
civil conviction, his commander barred him from Grissom Air 
Reserve Base on 8 September 1999.  He was issued a Letter of 
Notification of Administrative Discharge Action on 
10 April 2000, and was subsequently relieved from his Reserve 
assignment and honorably discharged, effective 
10 September 2000.  At the time of his discharge, the applicant 
had 19 years and 7 months of satisfactory service towards 
meeting the qualifications for Reserve retired pay.  

2.  The applicant turned age 60 on 19 October 2006.  The Miami 
County Circuit Court, Indiana, modified his sentence on 
30 January 2008, changing it from a Class D Felony to a Class A 
Misdemeanor.  This modification does not negate the reason the 
applicant was originally barred from the base and subsequently 
discharged.  The relief the applicant is requesting is contrary 
to law under the provisions of Title 10 U.S.C., Section 12731.  

The complete ARPC/DPTT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the 
applicant on 17 February 2013 for review and comment within 
30 days (Exhibit D).  To date, a response has not been received.

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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.  After 
thoroughly reviewing the evidence of record and noting the 
applicant's contention that because of his inability to complete 
drills he was 5 months short of completing 20 years of service 
when he was discharged; we are not persuaded his discharge was 
in error or unjust.  Accordingly, 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.  The 
evidence available to us reflects that the discharge was 
properly executed and we find no basis to grant any additional 
service credit.  In view of the above, and in the absence of 
evidence to the contrary, we find no compelling basis to 
recommend granting the relief sought in this application.

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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 4 September 2013, under the provisions 
of AFI 36-2603:

			, Panel Chair
			, Member
			, Member


The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-05449:

    Exhibit A.  DD Form 149, dated 8 Nov 2012, w/atchs.
    Exhibit C.  Letter, ARPC/DPTT, dated 11 Feb 2013, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Feb 2013.




                                   
                                   Panel Chair