RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01131
		INDEX CODE:  135.00
	
		COUNSEL:  NONE
		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  30 OCTOBER 2008

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APPLICANT REQUESTS THAT:

She be given Reserve retired pay and the benefits associated with retired pay.

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APPLICANT CONTENDS THAT:

Her discharge to the Honorary Retired Reserve was inequitable, because she was not given clarification of the reason for the discharge.  She was not given other options to continue the remaining four years of her military career.

It was a callous decision terminating her career four years shy of a twenty year retirement.

In support of her request, applicant provided her personal statement, copies of Reserve Orders, DD Form 214, DD Form 215, a verification letter for the Armed Forces Expeditionary Medal, and Officer Performance Reports.  

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was commissioned a First Lieutenant in the Reserve of the Air Force on 24 Mar 80, in AFSC 9756 (Clinical Nurse).  She was progressively promoted to the grade of Major effective 25 Aug 88.

On 25 Aug 95, applicant was notified that she was not recommended for promotion by the Reserve of the Air Force Selection Board, and as a result she had to be transferred to a non participating status in the Air Force Reserve.  She was also informed that since this was her second deferral for promotion, her mandatory separation date (MSD) had to be adjusted to 22 Nov 96, and by law she had to be discharged or retired no later than the adjusted MSD.

The applicant submitted an AF Form 131, Application for Transfer to the Retired Reserve, requesting transfer to the Honorary Retired Reserve.  The applicant was transferred to the Honorary Retired Reserve effective 22 Nov 96.

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AIR FORCE EVALUATION:

HQ ARPC/DPP recommends the application be denied.  The applicant did not complete 20 years of satisfactory service as required by law; therefore, she is not eligible for Reserve retired pay under the provision of Title 10, U.S.C., Section 12731.  In addition, none of the actions taken by ARPC were arbitrary; they were required by law due to the applicant’s non-selection for promotion.  

In order to be eligible for Reserve retired pay, a member must complete 20 years of satisfactory service, with the last six years of qualifying service in a Reserve component.  A review of the applicant’s military record indicates she completed 16 years, 7 months, and 28 days of honorable federal service; however, only 16 years of this time is satisfactory federal service creditable toward retired pay eligibility.  The applicant was transferred to the Honorary Retired Reserve effective 22 Nov 96.

The applicant’s claim that she was not given other options for continuing her military career is not correct.  The 25 Aug 95 letter also provided information on continuing Reserve service as an enlisted member.  The letter recommended contacting an Air Force Reserve recruiter or Air National Guard recruiter to determine eligibility to enlist.

The DPP complete evaluation, with attachments is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant would like the following facts recorded.  

She was not given the reason(s) why she was deferred twice for promotion; ultimately the decision stopped her from completing the remaining four years shy of twenty years of service.  Whatever the reason(s) for the deferred promotions, if given the chance, she could have corrected it.

She was told she would be discharged, transferred to the Retired Reserve, or transferred to Honorary Retired Reserve Status.  It was very obvious that the above ultimatums did not leave her an opportunity to complete her twenty years, and she did not know what a Retired Reserve status offered, therefore, reluctantly she signed the application for Honorary Retired Reserve.  Other options:  (a) Continue reserve service as an enlisted member, which she thought she would have to start her career from the beginning and, (b) The Air National Guard was also a choice mentioned, and they refused her because of the deferred promotions.  

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 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 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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis 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 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 Docket Number    BC-2007-01131 in Executive Session on 19 July 2007, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to Docket Number BC-2007-01131 was considered:

    Exhibit A.  DD Form 149, dated 25 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 29 May 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Jun 07.
    Exhibit E.  Letter, Applicant, dated 5 Jul 07, w/atchs.

								
								Panel Chair