RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02167

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

1.  Her personnel records be corrected to reflect her last duty assignment was Edwards AFB, California (CA), not Vandenberg AFB, CA.

2.  She receive an Air Force Reserve retirement. 

APPLICANT CONTENDS THAT:

Her records are in error, showing the wrong last duty assignment.  Also, she was wrongly discharged, and this error prevented her from continuing to serve in the Reserves, and she has unjustly been denied a retirement check.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 11 Mar 76.

On 10 Mar 80, the applicant was furnished an honorable discharge, and was credited with four years of active service.   

On 6 Aug 81, the applicant re-enlisted in the Regular Air Force.

On 31 May 84, the applicant was furnished an honorable discharge, and was credited with 6 years, 9 months, and 26 days of total active service.

On 11 Apr 86, the applicant enlisted in the Air Force Reserve.  

On 16 Apr 97, the applicant reenlisted for 4 years.  

On 19 Jul 97, according to documents submitted by ARPC/DPTT, the applicant was discharged from the Non-obligated Non-participating Ready Personnel Section (NNRPS).  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.  

AIR FORCE EVALUATION:

ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice warranting correction of the applicant’s last duty assignment or an Air Force Reserve retirement.  The application was not filed within three years of the discovery of the alleged error or injustice, or with due diligence, should have been discovered.  Notwithstanding timeliness, their review of the applicant’s military personnel record revealed she re-enlisted for four years with the Air Force Reserve on 16 Apr 97 with an Expiration Term of Service (ETS) of 15 Apr 01 (Atch 1).  At that time, she was assigned to the 95th Security Police Squadron, Vandenberg AFB, CA, which was also her last duty assignment.  The applicant does not qualify for a Reserve Retirement under Title 10, United States Code, Section 12731.  She accumulated 8 years, 9 months and 25 days of satisfactory service (Atch 3).  This total is less than the 20 years of satisfactory service that is required for an individual to be eligible for retired pay at age 60.   Although her Leave and Earnings Statement indicates she had 20 years of service, this reference refers to longevity for pay purposes only and not satisfactory service.  

Notwithstanding the recommendation above, they do recommend partial approval to correct the applicant’s ETS from 19 Jul 97 to 15 Apr 01.  She was discharged from the Non-obligated Non-participating Ready Personnel Section (NNRPS) on 19 Jul 97 (Atch 2).  Her Reserve Order (RO) CA-011936 should be revoked, and the ETS of 19 Jul 97 corrected to 15 Apr 01.  Also, membership points should be added to the applicant’s Air National Guard/United States Air Force Reserve Point Credit Summary from 19 Jul 97 to 15 Apr 01.

A complete copy of the ARPC/DPTT evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 Dec 16 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 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 to warrant changing the applicant’s last duty assignment to Edwards or to make her eligible for a Reserve retirement.  We took notice of the applicant’s complete submission in judging the merits of the case; and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  Notwithstanding our findings above, we believe sufficient relevant evidence has been presented to warrant changing the applicant’s Expiration Term of Service (ETS) from 19 Jul 97 to 15 Apr 01.  Having carefully reviewed this application, we agree with the recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our decision the applicant has been the victim of either an error or an injustice.  Therefore, we recommend the applicant's records be corrected as indicated below.

5.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

a. Reserve Order (RO) CA-011936 reflecting the Expiration Term of Service (ETS) of 19 July 1997, was revoked.

b. Her ETS be changed to 15 April 2001.

	c. Membership points be added to her National Guard/United States Air Force Reserve Point Credit Summary from 19 July 1997 to 15 April 2001.

The following members of the Board considered AFBCMR Docket Number BC-2016-02167 in Executive Session on 25 Jul 17 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02167 was considered:

	Exhibit A.  DD Form 149, dated 26 May 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 14 Oct 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 20 Dec 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.