RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02573
		
   						COUNSEL:  

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

He be credited with 1 year, 10 months, and 15 days of additional service and 212 additional service points. 

APPLICANT CONTENDS THAT:

His retirement compensation is not computed correctly.  While he pursued a waiver to receive credit for his service beyond the age of 60 under Title 10 United States Code (USC) § 12308, he was advised incorrectly, so the service time was not properly credited. 

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

STATEMENT OF FACTS:

The applicant served in the grade of lieutenant colonel (Lt Col) in the Judge Advocate General (JAG) Corps in the Air National Guard (ANG) during the matter under review. 

On 20 Apr 03, ARPC/DPPR notified the applicant he had completed the required years of service to be entitled to retired pay at the age of 60, and any additional retirement points accrued prior to age 60 would be credited to him. 

According to the documentation submitted by the applicant:

	1.  The Chief of Military Personnel at his Wing incorrectly advised him professional officers such as chaplain, medical, and judge advocate general (JAG) officers were permitted to serve beyond age 60 with no requirement to obtain a waiver or approval of the Secretary of the Air Force.  

2.  On 11 Sep 10, the applicant attained the age of 60.

3.  Under Special Order R-W000035, dated 22 Jun 11, the applicant was activated for the projected period of 28 Jun 11 through 30 Sep 11.  

4.  Under Reserve Order EL-5447, dated 14 Sep 12, the applicant was placed on the Air Force Retired List in the grade of Lt Col, effective 1 Jul 12, and credited with 32 years, 1 month, and 14 days of service for basic pay.  

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTT recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  On 20 Sep 11, a letter was issued to the applicant advising him his mandatory separation date (MSD) would expire on 1 Jul 12.  The letter further stated “Participation is not authorized on or after your MSD, or the date of transfer to the Retired Reserve.  You will not receive pay or points for any participation performed on or after the effective date of retirement.”  Having been previously advised by the Air Reserve Personnel Center in Mar 10 that he must obtain a waiver from the Secretary of the Air Force in order to continue serving beyond the age of sixty, the applicant went to the Chief of Personnel in order to be advised of the proper procedure for obtaining a waiver.  The Chief of Personnel stated the waiver was not needed because he was a professional officer under Title 10 U.S.C. 1251(b)-(c) and AFI 36-3209 Table 2.2, 2.7.3.  Therefore, the applicant continued service beyond the age 60 without obtaining a waiver, under the advised assumption he was exempt and would be compensated for the time towards his retirement pay.  He is now being denied retirement service credit for his service after he turned 60.  Since he was erroneously advised, recommend the applicant be credited with service beyond age 60 to include back pay. 

A complete copy of the ARPC/DPTT 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 5 Oct 15 for review and comment within 30 days (Exhibit D).  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.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of ARPC/DPTT and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant's records be corrected as indicated below

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show:

a.  The Secretary of the Air Force approved his retention in active status through 1 July 2012, under the provisions of Title 10, United States Code (U.S.C), § 12308, in order that such service during this period would be credited for all purposes. 

b.  During the period 11 September 2010 through 1 July 2012, the applicant was credited with 1 year, 10 months, and 15 days of satisfactory service for longevity and retired pay, and 212 service points.  

The following members of the Board considered AFBCMR Docket Number BC-2015-02573 in Executive Session on 25 Feb 16 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 3 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 16 Jul 15.
	Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 15.