RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			    DOCKET NUMBER:  BC-2004-00130
	INDEX CODE:  110.02
	XXXXXXXXXXXXXX			    COUNSEL: NONE

	XXXXXXXXXX				    HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His discharge effective 1 December 2002 be changed to a retirement.
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APPLICANT CONTENDS THAT:

He originally intended to retire effective 1 December 2001; however, he extended his enlistment for 12 months and fulfilled his extension on 30 November 2002.  

The applicant provided no evidence in support of his appeal.  The applicant’s complete submission is at Exhibit A.
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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 5 October 1981 at the age of 18 for a period of four years in the grade of Airman Basic (E-1).  According to the military personnel data system, he was progressively promoted to the grade of technical sergeant (E-6) effective and with a date of rank of 1 August 2001.  On 1 November 2001, the applicant requested a 12-month extension to his current enlistment on Air Force Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force/Air Force Reserve.  On the AF Form 1411, the applicant indicated the purpose for his extension request was to retire the first day of the month following his high year of tenure date.  The Air Force Personnel Center initiated a request on 17 October 2003 to separate the applicant when it was discovered he did not request retirement prior to his expiration of term of service on 30 November 2002.  On 22 October 2003, an Air Force Form 100, Request and Authorization for Separation, was issued to separate the applicant effective 30 November 2002.  The applicant was honorably discharged effective 30 November 2002 for completion of active service.  The applicant was not available for signature.  He had served 21 years, 1 month, and 26 days on active duty.  

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states that the applicant’s separation was consistent with the procedural and substantive requirements of the discharge regulation.  The applicant separated upon completion of his enlistment and moved to the Philippines, failing to initiate any action to apply for retirement, even though he was retirement eligible.  Section 8914, Title 10 United States Code, specifically states, “Under regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Air Force who has at least 20, but less than 30, years of service computed under section 8925 of this title may, upon his request, be retired.”  At the time of his departure in September 2002, the applicant was not issued a DD Form 214 or a retirement order.  DPPRS states the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  The DPPRS evaluation is at Exhibit C.

AFPC/DPPRRP recommends denial.  DPPRRP states an Air Force member must request retirement.  There is no indication in the applicant’s record that he requested retirement on an AF Form 1160, Military Retirement Actions, nor did he receive retirement briefings and out-processing from the Military Personnel Flight as required by Air Force Instruction 36-3203, Service Retirements.  Indicating an intention to retire while executing an extension is not considered a request to retire.  DPPRRP states the applicant did not provide any evidence to show that he requested retirement; therefore, they recommend denial of the applicant’s request.  The DPPRRP evaluation is at Exhibit D.  

ARPC/DPPTR indicates that if the Board’s decision is to approve the applicant’s request for service retirement, Survivor Benefit Plan coverage will be automatically established for all eligible beneficiaries by operation of the law retroactive to the effective date of retirement.  Should the applicant disagree with the coverage established, he may submit a formal request to correct the record.  The DPPTR advisory is at Exhibit E.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force Evaluations were forwarded to the applicant on 12 March 2004, for review and comment within 30 days.  As of this date, this office has received no response.
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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 an error or injustice.  The evidence of record supports the fact that the applicant did not request retirement on an Air Force Form 1160 as required; even though his 12-month extension indicates his intentions were to retire effective 1 December 2002.  We are not sure as to what sequence of events interrupted the applicant’s retirement process; however, we note that he is eligible for and entitled to retirement.  Even though there is no evidence of miscounseling, we feel that the applicant’s servicing personnel office is at least partially at fault for the oversight that occurred through a lack of guidance and/or follow-up.  In any event, we feel he has suffered an error or injustice that should be rectified in favor of the applicant.  In view of the foregoing, it is our opinion that the applicant’s records should be corrected as indicated below.
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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 he was not discharged under the provisions of AFI 36-3208 on 30 November 2002, but on that date he was released from active duty and voluntarily retired effective 1 December 2002, under the provisions of Title 10, United States Code, Section 8914.  
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The following members of the Board considered this application in Executive Session on 11 May 2004, under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended.  The following documentary evidence for AFBCMR Docket Number BC-2004-00130 was considered:

Exhibit A.  DD Form 149, dated 30 Oct 03.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPRS, dtd 3 Feb 04, w/atch.
	Exhibit D.  Letter, AFPC/DPPRRP, dtd 5 Feb 04, w/atchs.
	Exhibit E.  Letter, AFPC/DPPTR, dtd 4 Mar 04.
	Exhibit F.  Letter, SAF/MRBR, dated 12 Mar 04.

									Panel Chair

AFBCMR BC-2004-00130

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:

	Invitational travel orders be issued by competent authority to XXXXXXXXXXXXXXXXXXXX, be corrected to show that he was not discharged under the provisions of AFI 36-3208 on 30 November 2002, but on that date he was released from active duty and voluntarily retired effective 1 December 2002, under the provisions of Title 10, United States Code, Section 8914.  

                                                                            Director
                                                                            Air Force Review Boards Agency