RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00382 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His record be corrected to reflect his time served in the Arizona Army National Guard. The ARPC/DPKA memorandum dated 22 January 1998, be removed from his permanent record. APPLICANT CONTENDS THAT: In accordance with Title 10 U.S.C., Section 12731, the Arizona Army National Guard is a branch of the Reserve Component and his time served should be added to his Air Force record. His highest pay grade of E-7 Sergeant First Class (SFC) should also be added to his Reserve record. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to documents extracted from his military personnel record, beginning on 23 February 1973, the applicant served in the US Marine Corps Reserve, US Marine Corps, US Army Reserve, US Army, US Army National Guard, and the Air Force Reserve until his Expiration Term of Service (ETS) on 26 July 2000 when he was discharged. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C. AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DPTT states that while the applicant has completed 20 years of satisfactory service, he does not meet the last six years requirement required by law. Title 10 U.S.C., Section 12731, established the Reserve qualifying service requirement at 8 years in 1948. The Reserve requirement remained at 8 years until it was reduced to 6 years in 1994. Any period of service as a member of a Regular component does not count towards the last 6 years requirement. The Reserve requirement was eliminated in 2005 by the Fiscal Year (FY) 2005 National Defense Appropriation Act; however, the law was not retroactive and does not apply to anyone separated or discharged prior to the 2005 effective date. The applicant was properly notified in 1998 that he had not met the last six years of qualifying service in a Reserve component as required by law. He had ample time to question the amount of Reserve service he had completed and to complete an additional 2 years, 2 months and 9 days of additional Reserve satisfactory service prior to his ETS on 26 July 2000. Additionally, documentation in the applicant's record reflects that he held the grade of SFC (E-7) from 14 November 1985, until 3 August 1992, while serving on active duty in the Regular Army. A grade determination is accomplished when a member transfers to the Retired Reserve. Since he is not eligible for Reserve retired pay, no such determination was previously accomplished. As noted above, in order to establish eligibility for Reserve retired pay under the provision of Title 10, U.S.C., Section 12731, at the time the applicant was discharged in 2000, a member had to complete 20 years of satisfactory service with the last 6 years of qualifying service in a Reserve component. A review of the applicant's military record indicates he completed a total of 21 years, 9 months and 22 days of satisfactory service during his military career; however, he did not complete the last 6 years of qualifying service in a Reserve component. The applicant does have some Reserve service that qualifies towards the 6-year requirement following his service in the Regular Army, which ended 3 Aug 92. He served a total of 3 years, 9 months and 21 days in Reserve components prior to his discharge on his ETS, 26 July 2000. A complete copy of the ARPC/DPTT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In further support of his request, the applicant provides a personal statement and explains that he was issued a military identification card (ID) when he entered flight school in Arizona on 25 November 1996. The ID card was valid until his release from the Air Force Reserve on 26 July 2000. 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 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 careful notice of the applicant's complete submission, to, include his rebuttal, 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. The applicant’s contention that his Army National Guard service, which would make him eligible for Reserve retirement, was not included in his military service is duly noted. However, the evidence available to us indicates that while he has completed over 20 years of satisfactory service, he does not meet the last six years of qualifying service in a Reserve component required for Reserve retirement in accordance with Title 10, U.S.C., Section 12731. Furthermore, in view of the fact that he is not eligible for Reserve retirement, there is no need for a grade determination to be accomplished. Regarding the applicant’s request that the ARPC/DPKA Memorandum, titled, Completion of the Last Six Years of Qualifying Service in a Reserve Component, dated 22 January 1998, be removed from his permanent record, we note that, subsequent to a review of the documents contained in the AFPC Automated Records Management (ARMS) Database, this memorandum is not maintained in any official Air Force record. As such, we find no basis to act on this part of the applicant’s request. Therefore, in the absence of persuasive evidence to the contrary, we find no compelling 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 AFBCMR Docket Number BC-2014-00382 in Executive Session on 7 October 2014, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00382 was considered: Exhibit A.  DD Form 149, dated 20 December 2013, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Letter, ARPC/DPTT, dated 31 March 2014, w/atchs. Exhibit D.  Letter, SAF/MRBR, dated 8 August 2014. Exhibit E.  Letter, Applicant, not dated, w/atchs.