RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01169

XXXXXXXXXXXXX	COUNSEL: NONE	 

	HEARING: NO

APPLICANT REQUESTS THAT:

She receive an opportunity to earn the needed points for retirement eligibility.

APPLICANT CONTENDS THAT:

After 18 years of active and Reserve service, she had to transfer to the inactive Reserve in 2015 due to relocation.  At the same time, ARPC failed to inform her she was in sanctuary after her second nonselection for promotion to lieutenant colonel and that she was required to complete two years at her assignment.  Despite multiple interactions and inquiries about her situation, ARPC failed to inform her of the options available for inactive Reserve members with over 18 years of service to earn points for retirement.  

ARPC’s website states it is Air Force policy per AFI 36-2131, Administration of Sanctuary in Air Reserve Component, officers unable to find or maintain a position in the Selected Reserve and eligible for sanctuary are assigned to the Nonaffiliated Reserve Section (NARS-NC) and are able to earn points for retirement through Air Force Institute for Advanced Distributed Learning.  She uncovered this issue in Jan 18.  As it stands, she will be discharged with no retirement benefits on 1 Jul 18. The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a major in the Reserve Sanctuary.

On 21 Aug 14, the applicant was notified she was twice deferred for promotion to lieutenant colonel.  Since she had been credited with 18 years of satisfactory service, she qualified for retention under 10 U.S.C. § 12646 and would be retained in her current unit of assignment until she completed 20 years of satisfactory service or 1 Jul 18, whichever is earlier.  

In a letter dated 27 Jul 17, ARPC notified the applicant her mandatory separation date (MSD) was 1 Jul 18 and since she would not complete 20 years of satisfactory service she could no longer continue to participate in an active Reserve status.

Per Reserve Order CB-002500 dated 22 Sep 17, the applicant was honorably discharged from all appointments in the Air Force effective 24 Sep 17.  

Reserve Order DA-01228 dated 22 May 18, shows the applicant was assigned to the Reserve Sanctuary effective 29 Sep 15.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPAM recommends partial grant.  While the applicant requests additional service time to be able to accumulate the necessary points for two satisfactory service years, she would require a MSD extension beyond 1 Jul 18 in order to accomplish the work.  Instead, ARPC recommends the applicant’s record be corrected to show 35 non-paid inactive duty training (IDT) points for her Retention/Retirement (R/R) year ending 14 Jun 17 and an additional 35 non-paid IDT points for her R/R year ending 14 Jun 18.  This correction would allow her to retire on her MSD of 1 Jul 18.

Although the notification to the applicant about Reserve Sanctuary was appropriate and timely, an injustice occurred when she was erroneously transferred to Non-obligated Non-participating Ready Personnel Section (NNRPS) rather than the NARS-NC.  She was already under the provisions of Reserve Sanctuary and should not have been transferred to NNRPS.  If she had been appropriately assigned to the NARS-NC, she would have been counseled she needed to find a unit of attachment that was willing to let her work for non-paid points in order to attain the minimum 35 participation points for a satisfactory service year.  NARS-NC allows a member to work for a unit but not be assigned on the unit’s manning document.   The requirements to be gained by a participating unit from NNRPS are more stringent and members assigned to NNRPS are not allowed to work for non-paid points.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 21 Jun 18 for comment (Exhibit D).  She states her case pertains to retirement points.  While the Board is looking at her current case she will be discharged on 1 Jul 18 per her MSD.  Applicant’s complete response is at Exhibit E.  

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an injustice or error regarding part, but not all, of her request.  The applicant requests she be given an opportunity to earn the additional points required for retirement eligibility.  However, this would require an extension to her MSD of 1 Jul 18 established as a result of her nonselection for promotion to lieutenant colonel.  In view of this, we find it more appropriate to award the required additional non-paid IDT points for retirement eligibility as recommended by ARPC/DPAR.    Therefore, the Board recommends correcting the applicant’s records to the extent 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:

a.	 She be awarded 35 non-paid IDT points for her R/R year ending 14 Jun 17.

b.	 She be awarded 35 non-paid IDT points for her R/R year ending 14 Jun 18.  

However, regarding the remainder of the applicant’s request, the Board recommends the applicant be informed the evidence did not demonstrate material error or injustice and the application could only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2018-01169 in Executive Session on 7 Aug 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2018-01169:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 Mar 18. 
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAM, w/atch, dated 5 Jun 18. 
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 21 Jun 18.  
Exhibit E:  Applicant’s response, dated 19 Jun 18.  

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9, regarding Docket Number BC-2018-01169.