RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00289

XXXXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His pay date be adjusted to reflect his time in the Non-Obligated Non-Participating Reserve Personnel Section (NNRPS) from 1 Mar 95 – 7 Feb 97.

His High Year of Tenure (HYT) date be changed from Sep18 to Aug 20.

APPLICANT’S CONTENTIONS

He was never in an Individual Ready Reserve (IRR) status.  He did not sign any documents to enter into the IRR after serving on active duty in the Regular Air Force.  According to his USAFR point credit summary, he did not earn satisfactory years of service in 1996 and 1997.  This time should be considered a civilian break.  He needs his pay date adjusted to reflect the two years of non-service.  His High Year Tenure (HYT) should be August 2020.

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

STATEMENT OF FACTS

The applicant entered the Regular Air Force on 16 Aug 85.

On 28 Nov 94, the applicant signed an Enlisted Voluntary Separation Incentive (VSI) Agreement.  He agreed that in consideration of receiving the VSI, he would separate from active duty and accept an enlistment or transfer to a component of the Ready Reserve for a period of 19 years.  In addition, the agreement outlined the amount of payment upon separation and the annual payment amount thereafter, and that the payments were contingent upon the applicant remaining in the Ready Reserve for a period of 19 years.

On 28 Feb 95, the applicant was honorably discharged from the Regular Air Force and transferred to the Air Force Reserve.  His narrative reason for separation is “Early Release Program – Voluntary Separation Incentive.”  He was credited with 9 years, 6 months, and 13 days of total active service.

On 7 Feb 97, per DD Form 4/2, Enlistment/Reenlistment Document, dated 8 Feb 97, the applicant reenlisted for six years. 

Per the applicant’s Point Credit Summary, dated 9 Jul 19, he did not earn satisfactory years of service for the following periods: 

	1 Mar 95 thru 15 Aug 95; 16 Aug 95 thru 15 Aug 96; and 16 Aug 96 thru 15 Aug 97
According to the Military Personnel Data System (MilPDS), the applicant’s HYT is 1 Sep 18 and his pay date is 16 Aug 85.

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 denial of the applicant’s request to remove his time in the Non-Obligated Non- Participating Reserve Personnel Section (NNRPS) from 1 Mar 95 – 7 Feb 97.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant was released from the Regular Air Force under VSI.  He signed a VSI agreement acknowledging the requirement to remain a member of a Ready Reserve component throughout the length of the contract in order to receive annual payments.  When the applicant was released from the Regular Air Force, the applicant was moved to the appropriate section of the IRR for one who has completed his military service obligation but is under a contract and is not transferring to a participating reserve or guard unit.  When the applicant joined a reserve unit in 97, he was transferred out of the IRR and assigned to a reserve unit.

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 29 May 20 for comment (Exhibit D), but has received no response.

ADDITIONAL AIR FORCE EVALUATION

ARPC/DPTTS recommends denying the applicant’s request to change his HYT.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence to justify the claim.  The applicant completed his military service obligation while serving in the Regular Air Force.  The applicant was released from Active Duty and transferred to NNRPS as a result of receiving a VSI.  The applicant remained in NNRPS until he joined a participating reserve unit on 8 Feb 97.  He remained in active service from that time until the present.

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 3 Sep 20 for comment (Exhibit F), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was 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/DPAM and ARPC/DPTTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, 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-2020-00289 in Executive Session on 24 Sep 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, w/atchs, dated 10 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPAM, dated 18 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 29 May 20.
Exhibit E:	Advisory opinion, ARPC/DPTTS, dated 31 Aug 20.
Exhibit F:	Notification of advisory, SAF/MRBC to applicant, dated 3 Sep 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.