RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03854 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

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THE APPLICANT REQUESTS THAT: 

 

His Retired pay grade be changed to the grade of Technical 
Sergeant (TSgt/E-6). 

 

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THE APPLICANT CONTENDS THAT: 

 

He retired as a technical sergeant; however, the Defense 
Accounting and Finance Service (DFAS) insists on paying him as a 
staff sergeant (SSgt/E-5). He had a reduction in rank that was 
without prejudice and subsequently retired from the Reserve 
component. He has tried to have his retirement pay grade 
corrected; however, he has been unsuccessful. The Air Reserve 
Personnel Center (ARPC) and the Air National Guard (ANG) believe 
that his pay grade should be corrected. 

 

In support of his appeal, the applicant provides a personal 
statement; a copy of Special Order (SO) No. AA-0088, dated 
23 Nov 09; Amendment SO No. AA-0091, dated 1 Dec 09; a copy of 
his DD Form 214, Certificate of Release or Discharge from Active 
duty, issued in conjunction with his 1 Jan 10 retirement, and 
other supporting documents. 

 

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

 

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STATEMENT OF FACTS: 

 

Based on the available records, as provided by the applicant, 
the applicant served as an Active Guard Reservist (AGR). 

 

He was relieved from active duty, on 31 Dec 09, under the 
provisions of AFI 36-3203, with a reason for separation of 
voluntary retirement: sufficient service for retirement, in the 
retired grade of staff sergeant. He was credited with 20 years 
and 13 days of active service for retirement. He was retired 
from active duty, effective 1 Jan 10. 

 


The Air Reserve Personnel Center (ARPC) amended Special Order 
No. AA-091 changing the applicant’s Retired Pay Grade to – 
technical sergeant. 

 

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THE AIR FORCE EVALUATION: 

 

DFAS-RPB-TQAL-CL recommends denial. The applicant’s record 
reveals that he initially entered the service on 19 Jan 83. 
Since he entered service, after 8 Sep 80, he is subject to the 
High 36 pay computation method. The applicant had to accept a 
demotion from TSgt to SSgt in 2005; the highest rates of basic 
pay received by the applicant were in the grade of staff 
sergeant and were utilized in his retired pay computation. 
There is no provision under Title 10 United States Code (USC) 
1407 to recompute the high average base. 

 

The complete DFAS-RPB-TQAL-CL evaluation is at Exhibit C. 

 

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 17 Dec 10 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

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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 Defense Finance and Accounting Service and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. In addition, we 
note, the applicant’s retirement order was amended to reflect 
his pay grade at the time of retirement, in accordance with 
governing law and policies. Since the applicant joined the 
service after 7 Sep 80, his military retirement pay is computed 
based on Title 10 USC 1407. This does not affect a member’s 
grade at retirement, only the law and policy which governs a 
member’s retirement pay computation. Therefore, in the absence 
of evidence to the contrary, we find no basis to recommend 
granting the relief sought in this application. 


 

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THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2010-03854 in Executive Session on 7 July 2011, under 
the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 3 Oct 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, DFAS-RPB-TQAL/CL, dated 5 Nov 10. 

 Exhibit D. Letter, SAF/MRBR, dated 17 Dec 10.