RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00542
		INDEX CODE:  135.02

		COUNSEL:  NONE

		HEARING DESIRED: NOT INDICATED

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APPLICANT REQUESTS THAT:

He be given the Reserve Transition Plan (RTAP) monies he was promised at his early retirement or that he receive a full 20-year retirement.

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APPLICANT CONTENDS THAT:

On 29 February 2000, he was involuntarily retired from the Ohio Air National Guard (OHANG) and promised Reserve Transition Assistance Plan (RTAP) benefits.  In October 2000, he was told he would receive an RTAP payment of $4000 in November 2000.  He was told this was to compensate him for his early retirement.  He did not receive the promised RTAP payment and called the OHANG and the RTAP benefits office.  He was told his paperwork was misread and that he was not eligible for RTAP.  He contacted his representative and has worked through Senator XXXXX office for the better part of three years to get his situation resolved.  

In support of his appeal, the applicant has provided a personal statement.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant, a Senior Master Sergeant (SMSgt/E-8) with the OHANG, was involuntarily retired and transferred to the Retired Reserve on 2 March 2000 as a result of force downsizing.  He was credited with 18 years, 1 month, and 29 days of satisfactory service for retirement and is eligible for Reserve retired pay at age 60.

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  While DPP notes the ANG has the applicant with 20 years of service in one record and 18 years, 1 month, and 24 days in another, their research has yielded that the applicant did not, in fact, complete 20 years of satisfactory service towards retirement under United States Code (U.S.C.) Title 10, Section 12731.  He did however, meet the requirement for Reserve retirement under U.S.C. Title 10 Section 12731a, which states the applicant must have at least 15 years, but less than 20, of satisfactory service with the last six years of qualifying service in a Reserve component.  Since he was involuntarily retired, he was eligible for RTAP benefits: however, he was not entitled to any monetary benefit, only to retire early.  Therefore, on 2 March 2000, he was transferred to the Retired reserve and is eligible for retired pay at age 60.

DPP’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 12 March 2004 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  It appears the applicant may have been misinformed that he would be entitled to a monetary benefit at the time of his involuntary separation.  However, unless he could show that he relied on erroneous information to his detriment in electing to voluntarily retire with less than 20 years of satisfactory service, we find no compelling basis to recommend granting the relief sought in this application.  In this respect, we note he was forced to seek early retirement because of the downsizing of his unit.  Thus, other than the possibility of being disappointed because he did not qualify for a monetary benefit, he had no recourse except to do what he did in order to qualify for Reserve retirement at age 60.

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.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00542 in Executive Session on 27 April 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Feb 04, w/atch. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 10 Mar 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Mar 04.