RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00264
		INDEX CODE:  128.08

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be retired with Reserve Special Separation Pay (RSSP) as authorized under the Reserve Transition Assistance Program (RTAP).

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APPLICANT CONTENDS THAT:

He is entitled to a retirement with RSSP because he was involuntarily reassigned from an Air Reserve Technician (ART) position to a traditional reserve position of a lower grade.

In support of his appeal, the applicant provided an expanded statement, copies of his retirement orders and revoked orders, and other documents associated to the matter under review.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

The Military Personnel Division, AFRC/DPM, reviewed this application and recommended denial.  According to DPM, the RTAP program was authorized under Public Law 102-484 and the Defense Authorization Act for Fiscal Year 1993 to afford certain benefits and entitlements for personnel involuntary separated due to Air Force Reserve Command (AFRC) directed unit inactivation through 31 Dec 01.  AFRC procedures are to employ all means to retain displaced personnel.  Individuals whose personal desires do not include retention must consider voluntary reassignment to inactive status or retirement without RTAP benefits.

DPM noted that the applicant was an ART assigned to the 507th Air Refueling Wing, Tinker AFB OK.  In Oct 98, he voluntarily resigned his ART job to accept a position with the Federal Aviation Administration (FAA).  Although, the voluntary resignation rendered him ineligible for RTAP, his commander afforded him the opportunity to continue his military service in a senior master sergeant (SMSgt) position at the 507th Air Refueling Wing.  The applicant elected to transfer to the Retired Reserve effective 1 Apr 99 versus accepting a voluntary demotion.

DPM believes that the applicant’s request for retirement with RSSP should be denied because he is not eligible for RTAP benefits.  RTAP benefits are intended for personnel involuntarily separated due to AFRC directed unit inactivation.  The applicant voluntarily vacated his ART position and was afforded the opportunity to continue his military service.

A complete copy of the DPM evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a response and additional documentary evidence which are attached at Exhibit E.

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THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  Applicant’s complete submission was thoroughly reviewed and his contentions were duly noted.  However, we find no evidence which would lead us to believe that corrective action is warranted in this case.  The evidence of record indicates that, contrary to his own assertion, the applicant voluntarily resigned his ART position, which rendered him ineligible for RSSP under RTAP.  We note that orders were issued authorizing RSSP based on an erroneous entry on his retirement application that he was eligible for RSSP.  However, this error was discovered and the previous orders were revoked prior to the applicant receiving any payments, and new orders were published and sent to him.  Although the applicant received payments as a result of the delayed processing of the paperwork to stop payments, in our view, he should have questioned the validity of such payments, especially the second payment which he received a year later, in light of the revoked orders and issuance of new orders which did not indicate that he was entitled to RSSP.  In view of the foregoing, and in the absence of evidence that the applicant was involuntarily reassigned from his ART position, or was erroneously denied RSSP, we agree with the recommendation of AFRC/DPM and conclude that no basis exists to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 26 Jun 01, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jan 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/DPM, dated 20 Mar 01.
    Exhibit D.  Letter, SAF/MIBR, dated 13 Apr 01.
    Exhibit E.  Letter, applicant, dated 7 May 01, w/atchs.

                                   
                                   Panel Chair