RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00067 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be credited with the points and service for duties performed beyond age 60 per 10 U.S.C. § 12308. APPLICANT CONTENDS THAT: He retired on his 60th birthday (26 January 2012). However, he was advised his MSD was extended to 1 October 2013 based on his 28 years of commissioned service In Accordance With 10 U.S.C. § 14507(a). He participated in the Air Force Reserve until June 2013. He was notified he needed a waiver to work past the age of 60 and submitted the request in a letter dated 28 March 2014. In support of his request, the applicant provides copies of a letter to the Maintenance Group Commander (MXG/CC) dated 28 March 2014 endorsed by the Air Mobility Wing Commander (AMW/CC), e-mail communique and Reserve Order EL-3609 dated 3 June 2014. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 26 January 2012, the applicant retired in the grade of lieutenant colonel (O-5) per Reserve Order EL-3609 dated 3 June 2014. The applicant’s point summary dated 30 January 2014 reflects he participated in the Air Force Reserve from 26 January 2012 through 27 June 2013. The Military Personnel Data System (MILPDS) reflects his MSD as 1 October 2013. AIR FORCE EVALUATION: ARPC/DPTT recommends approval. The Fiscal Year 2007 (FY07) National Defense Authorization Action (NDAA) did not grant service credit and points beyond the age of 60. The applicant’s memorandum for a waiver was not forwarded by his chain of command to the Secretary of the Air Force since the request was dated six months after his MSD. If the Board agrees to approve the request, the Board will need to grant the waiver under 10 U.S.C. § 12308, allowing the applicant to be credited with points and service earned from 26 January 2012, his 60th birthday, through his final participation on 27 June 2013. Per 10 U.S.C. § 12308, any person who has qualified for retired pay under chapter 1223 of this title may, with his consent and by order of the Secretary concerned, be retained on active duty or in service in a Reserve component. A member so retained shall be credited with that service for all purposes. The Air Force Reserve Command Guide for Requesting Mandatory Separation Date Extensions and Service Credit and Points beyond Age 60 states “Requests for service credit and points beyond age 60 will be initiated by the member no earlier than 1 year and not later than 6 months prior to the member’s MSD to allow adequate time for processing.” The applicant turned age 60 on 26 January 2012. He was advised that his MSD was extended to 1 October 2013, and actively participated until 27 June 2013 and applied for his Reserve retired pay. Since he did not have an approved waiver for points and service past age 60 per 10 U.S.C. § 12308, his retired pay effective date was 26 January 2012. A complete copy of the ARPC/DPTT 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 7 April 2015 for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: SAF/MRBP agrees with the recommendation of ARPC/DPTT to grant the applicant’s request for service credit and points after age 60 from 26 January 2012 (when he turned 60) until June 2013. A complete copy of the SAF/MRBP evaluation is at Exhibit D. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the additional Air Force evaluation was forwarded to the applicant on 2 March 2016 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. 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 error or injustice. Although the applicant’s 26 January 2012 retirement date was correctly established based on his 60th birthday per 10 U.S.C. § 12731, we note the applicant continued to perform duties through 27 June 2013 based on his MSD of 1 October 2013. Therefore, we believe that it would be an injustice for the applicant to not be credited with the service performed. As such, we agree with the recommendation of the Air Force offices of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Accordingly, we recommend the applicant’s records be corrected as indicated below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his service performed after 26 January 2012, his 60th birthday, is creditable for all purposes under the provisions of Section 12308 of Title 10, United States Code. He be credited with the points and service earned from 26 January 2012 through his final participation date of 27 June 2013. The following members of the Board considered AFBCMR Docket Number BC-2015-00067 in Executive Session on 3 September 2015 and 4 April 2016 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 December 2014, w/atchs. Exhibit B. Memorandum, ARPC/DPTT, dated 11 March 2015, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 7 April 2015. Exhibit D. Letter, SAF/MRBP, dated 29 February 2016. Exhibit E. Letter, AFBCMR, dated 2 March 2016.