RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03830 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His Reserve retired pay be based on 38 years, 3 months and 27 days of service rather than 16.48 years of service. ________________________________________________________________ _ APPLICANT CONTENDS THAT: Reducing Guard and Reserve service years to active duty equivalent years is unjust. The active duty equivalent years implies that the sacrifices made by Guard and Reserve forces for the defense of the United States are somehow less significant than those made by active duty forces. Retirement should be based upon meeting at least 20 years of service. Benefits and pay upon retirement from the armed forces should be granted equally for retirees. In support of the applicant’s appeal, he submits a personal statement and documents extracted from his military personnel records. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: Reserve Order EL-4243 reflects the applicant retired on 9 January 2010 in the grade of captain with 22 years, 3 months and 27 days of service for basic pay and 16.48 years of service per Title 10 U.S.C. Section 12733. Section 12731 establishes the requirements for Reserve retired pay (i.e. 20 years satisfactory service, age 60, etc.). 12731(a)(3) requires members who completed 20 years of satisfactory service prior to 5 October 1994 to also have completed the last 8 years of qualifying service in a Reserve component. 12731(a)(3) requires members who completed 20 years of satisfactory service between 5 October 1994 and 24 April 2005 to also have completed the last 6 years of qualifying service in a Reserve component. Section 12733 establishes how to compute service when computing Reserve retired pay (the formula is retirement points divided by 360). ________________________________________________________________ _ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DPTT states a review of the applicant’s military record indicates he was transferred to a Reserve retired pay status under the provisions of Title 10, U.S.C., Section 12731 on 9 January 2010, his 60th birthday. He completed 22 years, 3 months, and 27 days of honorable federal service as of 13 May 1994, the date of his discharge from the USAFR. The applicant’s retired pay is based on his service calculated under the provisions of Title 10, U.S.C., Section 12733. His 12733 service, 16.48 years, calculated as retirement points divided by 360 (5932/360), is correctly reflected on Reserve Order (RO) EL-4243, 5 July 2012. The complete DPTT evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states his records indicate he received a general (under honorable conditions) discharge on 13 May 1994 and was not transferred to the retired Reserve. The circumstances set forth in his discharge process were that he did not have eight years in a reserve component and not eligible for transfer to the retired reserve on 13 May 1994. The 8 years in a reserve component framework became outdated and was removed as a bar to his retirement approved by the Air Reserve Personnel Center on 19 June 2012, retroactive to 9 January 2012. This administrative action was a retirement by order dated 5 July 2012 and not a transfer to retired pay status. His discharge led to a complete bar to all benefits between 13 May 1994 and 9 January 2010. Granting the years between 13 May 1994 and 9 January 2010 toward retirement would be the appropriate thing to do. The active duty equivalency standard used to calculate Reserve and or Guard retired pay is unjust. His actual satisfactory service computes to 21 years, 3 months and 27 days. Longevity service for basic pay has been calculated at 22 years, 3 months and 27 days. The active duty equivalency standard reduced the calculation for retirement to 16.48 years. Retired pay under the active duty equivalency standard has unjustly and significantly reduced retired pay in his case and in the case of Reserve and or Guard forces as well. Reserve and or Guard retired pay should be based on the years actually served just as active duty members. The applicant’s response, with attachments, 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 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 an injustice. The applicant's complete submission was thoroughly reviewed and his contentions were duly noted. However, we do not find the applicant’s assertions and the documentation presented in support of his appeal sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR). No evidence has been presented which has shown he was not properly retired under the governing statute. 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 an 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-2012-03830 in Executive Session on 15 October 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 August 2012, w/atchs. Exhibit B. Letter, ARPC/DPTT, dated 1 October 2012, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 10 October 2012. Exhibit D. Letter, Applicant, dated 21 October 2012, w/atchs. 2 3