RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  01-02209
		INDEX CODE 128.08
	 	COUNSEL:  None

	 	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

His records reflect that he was retired with Reserve Special Separation Pay (RSSP) as authorized under the Reserve Transition Assistance Program (RTAP).

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APPLICANT CONTENDS THAT:

He elected retirement from the Reserves under the RTAP. He signed retirement acceptance papers on 9 Jul 99. On 28 Jul 99, the Reserves changed his retirement to volunteer with no special payments without ever notifying him of his rights or options. After he was placed in overage, both his unit and he actively sought other positions to no avail. The Air Force should honor its agreement with him by providing five annual Reserve payments upon his retirement after 20 years. He would have continued his Reserve service if he was not offered a severance package and other opportunities became available.  The notification process failed in its attempt to reach the retirement recipient. That is an internal breakdown that should not under any circumstances have negative bearings on his 20 honorable years in the Air Force.  

The 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 official documents provided in the applicant’s submission (Exhibit A) and in the letter prepared by the appropriate office of the Air Force (Exhibit C).

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AIR FORCE EVALUATION:

HQ AFRC/DPM reviewed the appeal and indicates that the applicant is not eligible for retirement with RSSP because placement opportunities to retain him were not fully explored in compliance with HQ AFRC procedures. The military personnel flight (MPF) erred and processed the applicant for retirement with RSSP in clear violation of AFRC policies and procedures. Prior to his retirement, HQ AFRC discovered this error, advised the MPF of the required placement and validation procedures and that if the applicant elected to proceed with retirement prior to completing the placement and validation, he would retire without RSSP. Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant advises that he successfully completed his last 8 years of Reserve duty at Dover AFB, DE, while residing in Atlanta, GA. He traveled at his own expense to fulfill his obligation to the Air Force. He received the RTAP proposal/contract to retire at least 16 months before his retirement, which provided ample opportunity for the Air Force to officially inform him of any program changes or additional requirements. He asserts that, contrary to their advisory, HQ AFRC/DPM did not advise his MPF of the required placement and validation procedures and that he would retire without RSSP if he elected to retire prior to completing the placement and validation process until after his retirement was official. Neither HQ AFRC/DPM nor his MPF ever notified him of any change to his RTAP eligibility and allowed him to retire with the understanding that he was eligible for RTAP benefits.  Such notification prior to retirement would have resulted in a different retirement decision. The MPF states procedures were followed as evidenced in a letter to HQ AFRC/DPM.  The Air Force should honor its contractual obligations. 

The applicant's complete response, with attachments, is 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.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  Based on the available evidence, it appears the applicant was notified that his position was no longer available and that he was eligible for benefits under RTAP.  The MPF was apparently unable to relocate him and the applicant, in good faith, applied and was approved for RSSP under RTAP.  The record is unclear whether the error lies in the MPF not complying with HQ AFRC's revised procedures or with HQ AFRC not identifying a problem in the applicant's eligibility until the eleventh hour, or both. What is very clear, according to HQ AFRC's message, is that erroneous RTAP processing procedures were commonplace. Regardless, this Board does not feel it was the applicant's responsibility to find himself another position or to resolve whatever irregularities were surfacing in RTAP retirement processing, especially when he was never notified of any problem. We find it reasonable to believe that, had the applicant been advised of his alleged ineligibility for RSSP in a timely manner, he would not have gone ahead and retired without resolving the issue.  He signed a contract and made decisions based on benefits he had every reason to believe he was going to receive.  We do not believe the applicant should be penalized for an administrative error, and recommend his records reflect that he was, in fact, eligible for and entitled to RSSP under the provisions of RTAP.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, on 9 July 1999, he applied for and competent authority approved his entitlement to Reserve Special Separation Pay as authorized under the Reserve Transition Assistance Program, and that effective 18 July 1999, he was transferred to the Retired Reserve with entitlement to retired pay under Title 10, USC, Section 1331, upon attainment of age 60.

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The following members of the Board considered this application in Executive Session on 23 January 2002 under the provisions of AFI 36-2603:

			Vice Chair
			Member
			Member

All members voted to correct the records, as recommended. The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 May 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFRC/DPM, dated 24 Sep 01.
   Exhibit D.  Letter, SAF/MRBR, dated 26 Oct 01.
   Exhibit E.  Letter, Applicant, undated, received 
                    7 Dec 01, w/atchs.

                                                                    

AFBCMR 01-02209

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to    , be corrected to show that, on 9 July 1999, he applied for and competent authority approved his entitlement to Reserve Special Separation Pay as authorized under the Reserve Transition Assistance Program, and that effective 18 July 1999, he was transferred to the Retired Reserve with entitlement to retired pay under Title 10, USC, Section 1331, upon attainment of age 60.