RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03567 INDEX CODE: 136.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be transferred to the Retired Reserve list. _________________________________________________________________ APPLICANT CONTENDS THAT: He was not informed that he must apply for retirement in order to be placed in a retired status. In support of his request, the applicant provided a letter from ARPC/DPPR, a certified copy of his DD Form 214, a copy of his discharge order, and a copy of his discharge certificate. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Information extracted from the Military Personnel Data System (MilPDS) indicates the applicant served 20 years of satisfactory service in the Air Force Reserve and was honorably discharged on 18 February 2007 in the grade of technical sergeant. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends denial. DPP states that prior to June 1993, they allowed members to reenlist for the sole reason of applying for reserve retirement status. However, when the Office of the Assistant Secretary of Defense for Reserve Affairs challenged this practice, the Air Force Reserve conceded and agreed to discontinue allowing members to reenlist for the sole purpose of requesting retirement. On 30 January 2007, prior to being briefed by his commander or supervisor, the applicant initialed the Selective Retention Process (SRP) notification memorandum in the area next to his intentions to reenlist prior to his ETS expiring. He did not initial the area that would have requested his Reserve retirement. On 1 February 2007, he was recommended by his commander and supervisor for retention. On 21 March 2007, vocal commander orders were confirmed. Since the applicant took no action to reenlist, he was honorably discharged from the Air Force Reserve effective 18 February 2007. He remains eligible for retired pay at age 60. The complete ARPC/DPP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 October 2008 for review and comment within 30 days. 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After careful consideration of the evidence of record and the applicant's submission, the Board majority agrees with the Air Force office of primary responsibility that since the applicant did not take the appropriate action to reenlist or apply for retirement, there is no evidence of an error or injustice warranting his placement on the Reserve retirement list. Noting that by law, the applicant remains entitled to receive retired pay upon reaching the age of 60, the majority of the Board adopts the rationale expressed as the basis for their conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, the majority of the Board finds no compelling basis to recommend granting the relief sought in this application. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2008-03567 in Executive Session on 11 December 2008, under the provisions of AFI 36-2603: Panel Chair Member Member By a majority vote, the Board voted to deny the request. ---- voted to correct the record and did not desire to submit a minority report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 September 2008, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPP, dated 21 October 2008, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 24 October 2008.