RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-02517

XXXXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

1.	Reserve Order EK-1107, dated 17 Nov 94, be rescinded.
2.	He be reinstated in the Air Force Reserve in order to obtain the required years of satisfactory service needed to qualify for a non-regular retirement.
3.	He receive the appropriate credit and points to complete 20 years of satisfactory service for retirement at age 60.
4.	He be placed on the Retired Reserve List, effective 12 Oct 96 and retired in the grade of Airman First Class, awaiting pay at age 60.
5.	A highest grade held determination be made.  His highest grade held on active duty was Technical Sergeant.

APPLICANT CONTENDS THAT:

Title 10, United States Code, Section 1176(b) and Public Law (PL) 103-160 applies to his situation.  Although his request for extension beyond 18 years in an active status was made in Jul 94, PL 103-160 should have covered him.  He never gave consent to being released from an active status.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Reserve Airman First Class.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTT recommends denying the application.  The applicant was discharged on 12 Oct 94 with 15 years, 0 months, and 3 days satisfactory service.  The applicant did not earn the required 50 points toward a satisfactory year for retirement for any year during his 3-year period in the Individual Ready Reserve (IRR).  Additionally, the application was untimely.  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 24 Aug 18 for comment (Exhibit D), and the applicant replied on 24 Sep 18.  In his response, the applicant contended his three years in the Individual Ready Reserve (IRR) was in an active status and should be creditable, giving him 18 years of service.  He further contends he was never briefed or provided documentation that stated he was bound by the same training requirements of Selected Reserve members to participate in training for pay and points towards retirement.  He did participate in a Muster Duty Recall in 1993.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

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

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant’s 15 years, 0 months, and 3 days satisfactory service is insufficient for retirement eligibility under 10 USC 12371 or retention for the purpose of retirement under 10 USC 1176(b).  As the applicant is not retirement eligible, a highest grade held determination is moot.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by 10 USC 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will 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-2017-02517 in Executive Session on 16 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 13 Aug 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 24 Aug 18.
Exhibit E:	Applicant’s response, w/atchs, dated 24 Sep 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.