RECORD OF PROCEEDINGS by CRFe4IU

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									                      RECORD OF PROCEEDINGS
       AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                     DOCKET NUMBER: BC-2005-02324
                                      INDEX CODE: 112.10
  XXXXXXXXXXXXXXX                     COUNSEL: NONE

  XXXXXXXXX                           HEARING DESIRED:   NO

MANDATORY CASE COMPLETION DATE:     26 January 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given a Reserve retirement.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His delayed enlistment time was not counted towards his military
time. His military service was not calculated correctly. He was
not given the opportunity to file for early retirement. He was
not sent a letter of notification that he would be discharged
under other than honorable conditions (UOTHC).

In support of his application, the applicant provides a personal
statement and copies of his military personnel records pertaining
to his enlistment, reenlistment, separation from active duty,
performance, and his Reserve discharge order.     The applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was discharged from the Air Force Reserve effective
15 December 1991 with a UOTHC characterization of service. The
basis for his discharge was listed as “Misconduct – Drug Abuse.”
At the time of his discharge, the applicant served 19 years, 3
months, and 19 days of satisfactory service. On 29 August 2001,
the Board considered and denied the applicant’s request to
upgrade his discharge to honorable.    The applicant’s subsequent
petitions for reconsideration were also denied.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial. DPP states that the applicant is not
eligible to retire under the provision of Title 10 United States
Code, Section 12731 (10 USC 12731), since he did not complete 20
years of satisfactory service. In addition, he is not eligible
for early retirement since he was not involuntarily discharged,
as defined in 10 USC 12731, paragraph 3b, and because he was
discharged prior to the effective date of the law authorizing
early retirement qualification.

DPP states the applicant’s service was calculated correctly and
he was properly credited with time under the Delayed Enlistment
Program. DPP cannot comment on why the applicant did not receive
a letter of notification that he would be discharged with an
UOTHC characterization since he was discharged from a Category A
Unit and his discharge was accomplished by the Air Force Reserve
Command. The DPP evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that according to Air Force directives, a
Non-commissioned officer with longevity should be given a letter
of notification stating the type and reason for his discharge with
an opportunity for review by a board of his peers.      If such a
letter was sent and returned undelivered, there should be a
postmarked letter retained in his records.        A copy of the
applicant’s rebuttal is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1. The applicant has exhausted all remedies provided by existing
law or regulations.

2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.

3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice.       After a
thorough review of the available records, we found no evidence
the individual’s records are in error. We note the applicant’s
contention his delayed enlistment time should be included to
qualify him for a 20-year Reserve retirement; however, we find
his delayed enlistment time only entitled him to membership
points and not satisfactory Federal service toward retirement.
To grant the applicant’s request would be contrary to the
governing Air Force regulations and the law. With respect to the
applicant’s contention he was not allowed the opportunity to file
for an early retirement, we note he was discharged prior to the
effective   date  of   the  law   authorizing  early   retirement
qualifications. Therefore, we agree with the opinion and
recommendations of the Air Force office of primary responsibility
and adopt its rational as the basis for our conclusions that the
applicant has not been the victim of an error or injustice.
Accordingly, the applicant’s request is not favorably considered.

_________________________________________________________________

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.

_________________________________________________________________

The following members of the Board considered this application in
Executive Session on 19 January 2006, under the provisions of AFI
36-2603:

                  Mr. Michael K. Gallogly, Panel Chair
                  Mr. James A. Wolffe, Member
                  Ms. Jean A. Reynolds, Member

The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2005-02324:

   Exhibit   A.   DD Form 149, dated 15 Jul 05,   w/atchs.
   Exhibit   B.   Letter, ARPC/DPP, dated 6 Sep   05.
   Exhibit   C.   Letter, SAF/MRBR, dated 9 Sep   05.
   Exhibit   D.   Applicant’s Rebuttal, dated 8   Oct 05.




                                       MICHAEL K. GALLOGLY
                                       Panel Chair




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