RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-05004 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. He be awarded two years of satisfactory service for Retirement Years Ending (RYE) 4 January 2014 and 4 January 2015. 2. In the alternative, the applicant requests that his Mandatory Separation Date (MSD) be reset to 3 years from his Retention/Retirement (R/R) date in January 2015 or he be automatically reinstated and his MSD be reset to allow him the opportunity to earn the remaining time. APPLICANT CONTENDS THAT: In March 2013, he was involuntarily discharged due to his failure to promote to the grade of lieutenant colonel. In July 2013 the BCMR ruled in his favor and reset his R/R date to January. However, due to the length of time it took to rescind his discharge and put him in sanctuary, he was unable to participate and complete satisfactory years for pay points from March 2013 to present. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 15 August 2002, the applicant was released from the Regular Air Force and, on 16 August 2002, he was transferred to the Air Force Reserves, without a break in service. On 22 July 2013, the applicant’s request to adjust his R/R Year anniversary, to 5 January 2007 was approved by the Board (AFBCMR- BC-2012-04448.) According to the Military Personnel Data System (MILPDS), the applicant has 18 satisfactory service years through RYE 4 January 2013. AIR FORCE EVALUATION: ARPC/DPTS recommends approval, indicating the applicant was not in a participating status during the time he was erroneously discharged and consequently could not earn service credit toward retirement for RYE 4 January 2014 and 4 January 2015. In July 2013, the Board granted the applicant’s request for an R/R date correction, adjusting the date to 5 January 2013. As a result, the applicant’s service history reflected 18 years of satisfactory service and eligibility for Reserve Sanctuary. Although the Board approved the R/R change, the applicant was not restored to participating status until 27 October 2014. DPTS states if the Board agrees with their recommendation, the applicant’s participation record should be corrected to show that he was awarded 31 additional non-paid inactive duty points for RYE 4 January 2014 and 35 non-paid inactive duty points for RYE 4 January 2015. This will give the applicant a total of 50 total retirement points and two additional years of career satisfactory service. A complete copy of the DPTS 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 2 February 2015 for review and comment within 30 days (Exhibit D). 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 timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. While this Board recommended corrections to the applicant’s retirement/ retention anniversary date that resulted in him being able to attain 18 years of satisfactory service as of Jan 13, the fact the applicant was unable to be restored to a participating status until almost a year and a half later unfairly precluded him from being able to earn sufficient credit to qualify for retirement before being forced to separate on his adjusted mandatory separation date on 1 Mar 16. Accordingly, we believe it proper and fitting to credit the applicant with sufficient reserve service to qualify for the reserve retirement he would have earned had he been able to properly affiliate subsequent to this Board’s previous action to correct his records. Therefore, we recommend the applicant's records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was credited with an additional 31 non-paid Inactive Duty Training (IDT) points for Retention/Retirement Year ending on 4 January 2014 and was credited with an additional 35 non-paid IDT points for Retention/Retirement Year ending 4 January 2015, resulting in 50 total retirement points for each period, which constitutes two years of satisfactory Federal service. The following members of the Board considered AFBCMR Docket Number BC-2014-05004 in Executive Session on 3 Sep 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Nov 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTS, dated 20 Jan 15, w/atch. Exhibit D. Letter, SAF/MRBR, dated 2 Feb 15. 3 4