RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02152 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be transferred to the Retired Reserve awaiting retired pay at age 60 rather than discharged. _________________________________________________________________ APPLICANT CONTENDS THAT: She did not know that her honorable discharge was changed to reflect she was discharged for administrative reasons. She became eligible to retire in Apr 00 and thought she could apply for her “Gray Area” retired reserve benefits. However, she was not informed that her “Gray Area” benefits had been terminated. In support of her request, the applicant provides a copy of her Notification of Eligibility for Retired Pay card and letter, excerpts from her medical records, and a printout from the Military Personnel Data System (MilPDS). Her complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Air Force Reserve (AFR) in the grade of technical sergeant. The Notification of Eligibility for Retired Pay at Age 60 and Audit of Retirement Points memorandum, dated 13 Apr 00 stated that she completed the required years of service under the provisions of Title 10, United States Code, Section 12731, and she would be entitled to retired pay upon application at age 60. The memorandum also stated that her eligibility for retired pay would not be denied or revoked based on any error, unless it resulted directly from fraud or misrepresentation on her part. Reserve Order A-30, dated 4 Nov 07, reflects the applicant was honorably discharged in accordance with the governing regulation with an effective date of 28 Sep 07. The MilPDS printout provided by AFRC/A1K reflects the applicant had 22 years, 11 months, and 29 days of satisfactory service. _________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial. The applicant has not provided any documentation to support her claim that she should not have been discharged from the AFR, i.e., application for transfer to the retired reserve by submitting AF Form 131, Application for Transfer to the Retire Reserve. However, if the applicant’s request is granted, she should be allowed to make application for transfer to the retired reserve to be effective on or after 14 Jan 00. The AFRC/A1K complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 29 Jul 11 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. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. After reviewing the documentation submitted, we believe the applicant’s request to correct her records to show that she was transferred to the Retired Reserve awaiting pay at age 60 rather than discharged, should be granted. In this respect, we note that on 13 Apr 00, she was notified of her eligibility for Retired pay at age 60; however, she elected to continue to participate. We note the applicant's account in this matter and do not believe she would have deliberately failed to take the necessary actions to transfer to the Retired Reserve and take advantage of the “Gray Area” benefits i.e., continue to earn time towards longevity for pay purposes, and commissary and base exchange privileges. Therefore, we conclude applicant has demonstrated an error or injustice and recommend her records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that she was not discharged from the Air Force Reserve on 28 September 2007, but on that date, she was relieved from her current assignment and assigned to the Retired Reserve Section, and her name was placed on the Retired Reserve List, eligible for retired pay at age 60 under the provisions of Title 10, USC, Section 12731. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02152 in Executive Session on 29 Nov 11, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Mar 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC/A1K, dated 19 Jul 11. Exhibit D. Letter, SAF/MRBR, dated 29 Jul 11.