RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00653 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be granted a Reserve retirement. APPLICANT CONTENDS THAT: He did not sign any documents placing him in the Individual Ready Reserve (IRR). He requests to apply for retirement with 18 years, 7 months and 17 days of satisfactory service with 4,263 retirement points. He was discharged rather than allowed to apply for a Line of Duty (LOD) determination. He served in three branches of the Armed Forces and did so in an honorable fashion. The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: According to Reserve Order A-210 dated 22 March 2004, the applicant was assigned to the IRR effective 15 September 2004. According to Reserve Order CA-005413 dated 10 February 2009, the applicant was honorably discharged from the Air Force Reserve effective 8 February 2009. AIR FORCE EVALUATION: ARPC recommends denial of the applicant’s request. The applicant is not eligible for a Reserve retirement under 10 U.S.C. § 12731 since he does not have 20 years of satisfactory service. He had ample time from 15 September 2004 to 8 February 2009 to find another position in order to complete the additional 1 year, 4 months and 13 days of service required to meet the eligibility requirement. Although he meets the satisfactory service requirement under 10 U.S.C. § 12731(b), he is not eligible under this provision since he was not found medically disqualified while still in the Selected Reserve. He should have pursued the LOD determination at the time of the injury. A review of the applicant’s military record indicates he is a former Selected Reserve participant who was transferred from his Reserve assignment to the Non-Obligated Non-Participating Ready Reserve Section (NNRPS), which is part of the IRR, effective 15 September 2004. The reason for the reassignment was due to conflict with family. He was discharged on his expiration term of service of 8 February 2009. A complete copy of the ARPC evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He had some extreme family issues during the early 2000’s. he cared for his father who had a severe stroke, his mother who had dementia and his brother who also had health issues and recently died. In his immediate family, he had to deal with and care for his youngest son who had a drug problem. These were extreme issues that caused him to finish his career with almost 20 years. He did have 15 good years. He requests the Board approve a Reserve retirement with 15 years to allow him to draw his retirement at age 60. He is requesting this so he will have some means to provide for his family. The applicant’s complete submission is at Exhibit D. 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 an error or injustice. While the applicant's response to the Air Force evaluation is noted, he has not provided substantial evidence which, in our opinion, successfully refutes the assessment of his case by the OPR. In this respect, we note the applicant did not complete the required 20 years of satisfactory service as required by 10 U.S.C. § 12731. We also note there is no evidence of an LOD injury to substantiate the applicant was medically disqualified for continued military service and became eligible for early qualification for retired pay per 10 U.S.C. § 12731b. Therefore, we agree with the opinions and recommendations of the OPR and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of proof of either an error or an injustice. In the absence of evidence to the contrary, we find no basis to recommend granting any of the relief sought in this application. THE BOARD DETERMINES 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-2015-00653 in Executive Session on 1 October 2015 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 February 2015, w/atch. Exhibit B. Memorandum, ARPC, dated 30 June 2015, w/atch. Exhibit C. Letter, SAF/MRBR, dated 17 August 2015. Exhibit D. Letter, Applicant, dated 1 September 2015.