ADDENDUM TO RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-05678-2

COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her retirement date be changed from 1 January 2011 to 1 February 2011.

By amendment at Exhibit G, she requests her retirement date be changed to 1 May 2011.

RESUME OF CASE:
On 21 May 2013, the Board for Corrections of Military Records (BCMR) considered and denied her request to change her retirement date. For an accounting of the facts and circumstances surrounding the applicant’s request to extend her retirement date; and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit F.

APPLICANT CONTENDS THAT:
By application, dated 26 July 2016, the applicant reiterates some of her original contentions and provides NGB Form 366, Air National Guard (ANG) Order Application, as new evidence in support of her request. The NGB Form 366 was submitted and approved by her commander. This document serves as the final authority of the commander to begin, end, or extend Active Guard and Reserve Orders (AGR), Title 32, in accordance with mission requirements. On 2 June 2010, her commander authorized and signed the extension of her AGR Tour on SF 52, Request for Personnel Action.

That applicant believes the action was not processed in accordance with the governing instructions. In this regard, the Director of Personnel (HRO/J1) directed the action not be processed. The HRO/J1 position is an administrative position with no command authority and therefore, cannot refuse processing of an action approved by the commander. Further , the HRO/J1 position is not in a chain of command.  This action should not be confused with

or associated with ANG Selection Retention policies. She was selected for retention in a separate process and approved by the State Adjutant General who is the approving authority for selection retention in the State of Arizona.

She has severe financial issues because the process was not followed. It has impacted her retirement pay by $225.00 per month and annually $2,700.00. Further, over a normal life expectancy assuming age 85, the lifetime impact could range up to $89,000.00. Lastly, in the event of her death, the financial impact would continue on with her survivor(s) entitled to benefits. The Adjutant General (TAG) for the State of Arizona, has verbally stated this was inappropriate and the SF 52 should have been processed as requested by her commander.

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

THE BOARD CONCLUDES THAT:
After again reviewing this application and the evidence provided in support of her appeal, the Board remains unconvinced the applicant has been a victim of an error or injustice. In our original decision of this case, we noted the AZ TAG denied the applicant’s retention beyond 2010, which we found was within the TAG’s authority and was not an arbitrary or capricious action. Ultimately, after a review of the totality of the evidence presented, we are not persuaded that the applicant’s request to change her retirement date should be given favorable consideration. Therefore, 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-2012-05678-2 in Executive Session on 20 June 2017 under the provisions of AFI 36-2603:

Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05678-2 was considered:

Exhibit F.	Record of Proceedings, dated 4 Jun 13 w/Exhibits A, C, D, and E.
Exhibit G.	DD Form 149, Applicant, dated 26 Jul 16, w/atchs.
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.

11/16/2017

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