RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01607 INDEX CODE:	110.02
XXXXXXXXXXXXXXXXXX	COUNSEL: NONE
HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His current status be changed to retired.

APPLICANT CONTENDS THAT:
He has 4725 points; and 20 years, 11 months, and 18 days satisfactory service.

In support of his appeal, the applicant provides copies of notifications of Reserve retirement eligibility, point credit summaries, and discharge certificates.

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

STATEMENT OF FACTS:
On 11 September 2005, the applicant was honorably discharged from  the  Air  Force  Reserve  having  completed  20  years,
11 months, and 18 days of satisfactory federal service. He will be eligible to apply for retired pay on 2019 when he reaches the age of 60.

The remaining relevant facts are contained in the Air Force advisory opinion at Exhibit B.

AIR FORCE EVALUATION:
ARPC/DPP recommends denial of the applicant’s request.  DPP states the applicant was issued an official Notification of Eligibility for Retired Pay at age 60 letter in March 2000. In order to transfer to the Retired Reserve, a member must complete a retirement application and submit it to ARPC for approval and processing. HQ ARPC has no record of receiving a retirement application from the applicant prior to his discharge. Their records do reflect he did submit a retirement application in August 2007 requesting a retirement effective date  of  24  August  2007;  however,  the  application  was

disapproved. Since he was discharged in 2005, he was a civilian and was not eligible to retire in 2007. In the past, the Air Force Reserve  allowed Reservists who voluntarily resigned or separated after completing 20 years satisfactory years to apply for reappointment or reenlistment for the sole purpose of transferring to the Retired Reserve. In June 1993, the Office of the Assistant Secretary of Defense for Reserve Affairs challenged this practice; the Air Force Reserve concurred, and the policy was discontinued. Therefore, once members are discharged and become former members, they are not allowed to reenlist or be reappointed solely for retirement purposes. Since the applicant was discharged in 2005, he is not eligible now to enlist for transfer to the Retired Reserve. The applicant is eligible to receive Reserve retired pay on
XXXX, which is his 60th birthday. Title 10, United States Code, Section 12738, indicates that once the official notification is issued, Reserve retired pay eligibility cannot be revoked or denied. The member’s entitlement remains in effect even if the member is discharged.

The DPP evaluation, with attachment, is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 23 May 2008 for review and response within 30 days (Exhibit C). As of this date, this office has received no response.

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.	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 a transfer  to the Retired Reserve prior to his separation on 11 September 2005, even though he indicates his intention was to retire. 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 pay on 2019, which is his 60th birthday. 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
1.	
favor of the applicant. In view of the foregoing, it is our opinion that the applicant’s records should be corrected as indicated below.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered.

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 on 11 September 2005, but prior to that date he signed and submitted a request to be transferred to the Retired Reserve effective 11 September 2005 and competent authority approved his request.

The following members of the Board considered this application in Executive Session on 17 July 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
All members voted to correct the records, as recommended. The following documentary evidence for AFBCMR Docket Number BC- 2008-01607 was considered:

Exhibit A.	DD Form 149, dated 21 Apr 08, w/atchs. Exhibit B.	Letter, ARPC/DPP, dtd 22 May 08, w/atch. Exhibit C.	Letter, SAF/MRBR, dated 23 May 08.