RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04365 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His official records be corrected to change his status from separated to retired. ________________________________________________________________ APPLICANT CONTENDS THAT: In May 92, he accepted a separation bonus being offered by the Air Force. He started terminal leave in Jul 92, and completed his final out processing in Sep 92. Prior to his separation date, the Air Force offered an early retirement program for members who had served on active duty for over fifteen years, but he was not made aware of the program. Had he known about the program in 1992, he would have chosen to retire rather than separate. In support of his appeal, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, and documentation related to his discharge. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered active duty on 21 Oct 75. On 28 Mar 91, he received non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ), for: “You were, at NAS Keflavik, Iceland, on or about 15 March 1991, drunk and disorderly.” He received a reduction in rank to staff sergeant, suspended until 27 Sep 91, at which time it was to be remitted without further action, forfeiture of $500.00 per month for two months, and a referral EPR. He applied for a separation bonus, and was approved to receive $52,569. On 29 Sep 92, he received his lump sum bonus, was furnished an Honorable discharge, and was credited with 16 years, 7 months, and 15 days of active service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice. In the National Defense Authorization Act for Fiscal Year 1992 (FY92NDAA), Congress enacted the Temporary Early Retirement Authority (TERA) which gave the Secretary of Defense authority to allow the Service Secretaries to permit early retirement for selected military members with more than 15 but less than 20 years of service who agree to register for employment in public or community service organizations. The Secretary of the Air Force first implemented the use of TERA on 8 Jun 94, almost two years after the applicant was released from active duty on 29 Sep 92. Therefore, the applicant was not eligible to request retirement under TERA on 29 Sep 92. Further, his request is not timely, having been submitted more than 19 years after the alleged error or injustice. A complete copy of the AFPC/DPSOR 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 10 Feb 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. Insufficient relevant evidence has been presented to demonstrate the existence of an 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, 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 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04365 in Executive Session on 24 May 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Nov 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 11 Jan 12. Exhibit D. Letter, SAF/MRBR, dated 10 Feb 12.