RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-01048

XXXXXXXXXX	COUNSEL: NONE
	
		HEARING REQUESTED: NO	

APPLICANT’S REQUEST

1.  His reenlistment date reflect 11 March 2019 rather than 30 April 2021.

2.  He be credited with satisfactory service and receive pay and points for Retirement/Retention (R/R) years 11 March 2019 to 10 March 2020 and 11 March 2020 to 10 March 2021.
 
APPLICANT’S CONTENTIONS

He separated from the Air Force in 2012.  In the fall of 2016, he met with a recruiter regarding reenlistment and the Individual Mobilization Augmentee (IMA) Reserve program, specifically with the Office of Special Investigation (OSI).  Since 2016, he has had five recruiters; went through the reenlistment process twice; he completed the top-secret background process twice; passed through the Military Entrance Processing Station (MEPS) twice and when he initially reenlisted, he was informed that the process did not count.   He also lost his signing bonus on his initial enlistment and he reenlisted twice.  After filing an Inspector General (IG) complaint his enlistment date was processed as 30 April 2021 rather than 11 March 2019.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force Reserve staff sergeant (E-5).

On 7 January 2012, according to NGB Form 22, Report of Separation and Record of Service and Special Order XXX, the applicant was honorably discharged from the xxx Air National Guard (ANG), was transferred to the United States Air Force Reserve (USAFR) and assigned to HQ ARPC.  He was credited with seven years of service in the ANG.

On 15 January 2013, Reserve Order XXX, shows that the applicant was relieved from HQ ARPC and honorably discharged from the Air Force Reserve.  

On 11 March 2019, DD Form 4/1, Enlistment/Reenlistment Document Armed Forces of the United States, provided by the applicant, indicates that he attempted to reenlist for a period of three years with the xxx.  On that same date, the document was signed by the enlistment officer confirming his enlistment.  

According to the applicant’s point credit accounting and reporting system (PCARS), he was credited with no points from 8 January 2012 to 29 April 2021.

On 30 April 2021, another DD Form 4, provided by the applicant, shows that he reenlisted in the Air Force Reserve for a period of three years with the Central Recruiting Squadron.

On 30 April 2021, ARPC Form 11, Enlistment of Air Force Reserve Personnel, published xxx and placed the applicant in the Selected Reserve for a period of three years and assigned to the xxxxx.    

According to AF Form 102, Inspector General Complaint Form, on 2 February 2022, the applicant filed an IG complaint indicating that he had twice enlisted in the Air Force Reserve as an IMA, but was never gained.

On 18 March 2022, AFRC/IGQ advised the applicant that they contacted the Air Force Reserve Recruiting Service and Detachment 7 of the Readiness and Integration Organization.  His enlistment was processed, and he has been gained, with an effective enlistment date of 30 April 2021.  He was further advised that this was not an IG matter, but it was determined that the IG could assist him in resolving the matter.  Therefore, the complaint was closed.  

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

AIR FORCE EVALUATION

ARPC/DPTSP recommends denying the application.  According to the applicant’s PCARS, he did not participate for pay nor points during the requested time period.  The applicant last participated for points on 7 January 2012, but has no recorded duty during the requested timeframe.

The applicant did not earn a minimum of 50 retirement points in either R/R year requested to be credited with satisfactory years of service.  According to DoDI 1215.07, Section 3, 3.1.a. “a qualifying year of credible service toward a non-regular retirement is a full-year, as described in paragraphs 3.1.b. and 3.1.c., during which a member of an Active Component (AC) or Reserve Component (RC) is credited with at least 50 retirement points…”

Additionally, according to AFMAN 36-2136, chapter 2, paragraph 2.2, “Points may only be credited to the date a reservist actually performed the duty...” According to the same reference paragraph 2.3.2., “Award a year of satisfactory federal service for retirement when a reservist earns a minimum of 50 points (including membership points) in their full Retention/Retirement year…”

The applicant did not participate during the requested time periods and for that reason was not awarded retirement points nor satisfactory years of service.  A service member’s R/R date is set by the day and month they entered into an active status in a Reserve Component (RC).   That date can only be adjusted if “a Service member who returns to an active status in the RC after a break in service will have a revised anniversary year.  The anniversary year start date will change to the return or reentry date.”  According to ARPC Form 11, in the applicant’s records reflect a reentry date of 30 April 2021 which matches the R/R date seen on the PCARS.

Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The applicant’s service records and dates found on their PCARS matches and is in accordance with current law and policy so no adjustment to their R/R date is warranted.  The applicant did not earn retirement points during the requested timeframe so no points nor satisfactory years of service can be added.

The complete advisory opinion is at Exhibit C.

RCG/RSOO recommends denying the application.  Two separate enlistment dates show in the recruiting data base, AFRISS-TF.  The first was on 11 March 2019 at xxx and the second was on 30 April 2021.  It appears the applicant was not officially gained in the Military Personnel Data System (MilPDS) by the Detachment after the original enlistment on 11 March 2019. RCG/RSOO is not sure why, as it is not annotated in the recruiting data base.  The main question is between March 2019 and the second enlistment, what steps did the applicant take to ensure his participation with the new unit?  The unit and the applicant share a responsibility to ensure he is fully in-processed and fully participating based off of the unit training assemblies or inactive duty training schedule.

Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice, as recruiting did their part to access the applicant into the AFR.

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 17 June 2022 for comment (Exhibit E), 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 recommendations of ARPC/DPTSP and RCG/RSOO and find a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board 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-2022-01048 in Executive Session on 9 August 2022:

, 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 13 March 2022.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTSP, w/atchs, dated 11 April 2022.
Exhibit D:	Advisory Opinion, RCG/RSOO, w/atchs, dated 9 June 2022.
Exhibit E:	Notification of Advisory, SAF/MRBC to Applicant, dated 17 June 2022.

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.