RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-03528

XXXXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

He be awarded additional points to make him eligible for retirement.

APPLICANT’S CONTENTIONS

When he left the Air National Guard, he was told that he had over 20 years of service and enough points to retire.  He has Post Traumatic Stress Disorder (PTSD) from the 1995 bombing in Oklahoma City and the 1996 Atlanta bombing.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve master sergeant (E-7).

Effective 27 Feb 76, the applicant enlisted in the California Air National Guard (ANG), ANGUS and as a Reserve of the Air Force.

Per Special Order AQ-19, dated 7 Nov 00, the applicant was relieved from assignment with the Oklahoma (OK) ANG on 30 Nov 00 and honorably discharged from the OKANG and transferred to the US Air Force Reserve (USAFR) and assigned to Headquarters (HQ) Air Reserve Personnel Center (ARPC) effective 1 Dec 00.

According to the applicant’s NGB Form 22, National Guard Bureau Report of Separation and Record of Service, on 30 Nov 00, the applicant was honorably discharged and authority and reason for his separation listed as AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, paragraph 3.12.17., Voluntary Separation for “Miscellaneous Reasons.”  He was credited with 20 years, 7 months, and 13 days of total military service for pay.

According to Reserve Order CA-010190, dated 17 Aug 04, the applicant was honorably discharged from the Air Force Reserve effective 10 Aug 04.

According to the applicant’s ANG/USAFR Point Credit Summary prepared on 24 Jun 04, the applicant had 18 years, 00 months and 00 days of satisfactory service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

AFI 36-3209, paragraph 3.3. Enlisted Sanctuary. Reserve members in an active status who are selected to be involuntarily separated (other than for physical disability or for cause), or whose term of enlistment expires and who are denied reenlistment (other than for physical disability or for cause), and who on the date on which the member is to be discharged or transferred from an active status are entitled to be credited with at least 18, but less than 20 years of service computed under Title 10 U.S.C., Section 12731, may not be discharged, denied reenlistment, or transferred from an active status without the member’s consent.

AIR FORCE EVALUATION

ARPC/DPTT recommends denying the application.  The applicant did not complete 20 years of satisfactory service as required by law, and therefore did not obtain eligibility for Reserve retirement pay under the provisions of Title 10, United States Code (U.S.C.), Section 12731.  In accordance with Title 10, U.S.C., Section 12731, a service member must complete 20 years of satisfactory service to be eligible for Reserve retirement pay and benefits.  Upon the applicant’s discharge, he had completed 18 years, 00 months, 00 days of satisfactory service.  To be credited with a satisfactory year for retirement, members must earn 50 points (this includes 15 membership points), pro-rated for lesser periods.  The applicant was never issued a Notification of Eligibility for Retired Pay (20 year letter).

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 17 Jul 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes 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.  Additionally, the Board notes the applicant “voluntarily” separated so therefore, rendered himself ineligible for Reserve Sanctuary under Title 10 U.S.C., Section 12731.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-03528 in Executive Session on 4 Nov 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 6 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atchs, dated 12 Dec 19.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 17 Jul 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.