RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00202 INDEX CODE: 108.00 XXXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Reserve retirement effective date be changed from 6 June 2009 to 7 June 2009. ________________________________________________________________ APPLICANT CONTENDS THAT: He mistakenly input the wrong date in the Virtual Personnel Center (vPC-GR) system and would like it corrected. He attended Unit Training Assembly on 5-7 June 2009. In fact, his retirement ceremony was held on 7 June 2009. In support of his appeal, the applicant provides a personal letter, a letter from his Senator, and copies of his Air National Guard Retirement orders, and National Guard Bureau Form 22EF, Report of Separation and Record of Service. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air National Guard effective 6 June 2009 in the grade of lieutenant colonel (O-5). He served 34 years, 9 months, and 3 days of satisfactory Federal service for retired pay purposes. The remaining relevant facts, extracted from the applicant’s military service records, are contained in the Air Force evaluation at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends denial. DPP states that in order to apply for transfer to the Retired Reserve, an eligible member must apply online through the vPC-GR system. The member inputs the date he or she desires to retire and the application is routed through his/her commanders to the Air Reserve Personnel Center (ARPC) for approval and processing. The retirement date can be changed any time prior to the retirement effective date. After the retirement date, the date cannot be changed without approval of the Secretary of the Air Force (SECAF) per Air Force Instruction 36-3209, paragraph 5.11.3. DPP indicates a review of the applicant’s military record reveals he transferred to the Retired Reserve effective 6 June 2009. He completed a retirement application online through the vPC-GR, on 6 December 2008, requesting a retirement effective date of 6 June 2009. The application was properly routed through his commanders. Both commanders recommended approval of the retirement, as well as the 6 June 2009 effective date. The application was received by ARPC on 11 December 2008. The ARPC Retirement Branch approved the retirement on 12 December 2008 and forwarded it for final processing the same day. The retirement order was published on 15 December 2008 and sent to the applicant on 24 December 2008. They have no record of the applicant calling prior to his retirement date of 6 June 2009 to request a date change. He did call on 9 June 2009 to request his retirement effective date be changed to 7 June 2009. He claimed he participated on 6 June 2009 and needed to change his date of retirement. He was advised his retirement effective date could not be changed without approval from SECAF. DPP states the applicant’s claim of serving until 7 June 2009 cannot be verified. According to their data system, his last day of participation was on 5 June 2009. His retirement was properly processed in accordance with Air Force Reserve policy. He had sufficient time from receipt of his retirement order to his actual retirement effective date to request a change to the date. He elected not to request a date change until after his retirement date. The complete DPP evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He did not realize that correcting his retirement date would be a problem until he tried to do it after he retired. He would be happy to help verify his dates. The applicant’s complete rebuttal is at Exhibit D. ________________________________________________________________ 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 its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. If the applicant were to provide sufficient evidence confirming his contention that he was retired effective 7 June 2009 rather than 6 June 2009 the Board would reconsider his request. However, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00202 in Executive Session on 18 November 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00202 was considered: Exhibit A. DD Form 149, dated 12 Jan 10, w/atchs. Exhibit B. Letter, ARPC/DPP, dated 27 Apr 10. Exhibit C. Letter, SAF/MRBR, dated 4 Jun 10. Exhibit D. Letter, Applicant, dated 22 Jun 10.