RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-03679 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:

His Separation Program Designator code (SPD) on his DD Form 214, Certificate of Release or Discharge from Active Duty, block 26, which currently reflects RBC (Voluntary Retirement: Maximum Service or Time in Grade) be corrected to SCC (Mandatory Retirement: Reduction in Force).

APPLICANT CONTENDS THAT:

In Jan 14, he was notified that he was nonselected for retention (early retirement) by the CY13 Colonel and Lieutenant Colonel Selective Early Retirement Boards (SERBs) to be effective on or before 30 Jun 14. He had the option to apply for retirement earlier than the mandatory retirement date. He submitted a retirement application with the intent of establishing the latest possible retirement date to ensure he could serve the maximum time.

He did not understand the significance of the application associating a voluntary retirement with the option of retirement prior to the mandatory retirement deadline, nor the unintended consequences associated with the Aviator Continuation Pay (ACP) recoupment.

After speaking with the AFPC Retirements Branch and reviewing the Personnel Services Delivery Memorandum (PSDM), he realized that even though his application was submitted after the cutoff date to apply for voluntary retirement, he did not need to submit a retirement application at all.

The compressed timeline from the SERB notice to retirement five months later created a significant urgency, along with the lack of knowledge at the local level on the SERB administration. He made numerous visits to the personnel offices to get answers to many unknowns, to include if ACP was to be recouped. He only submitted a retirement application to establish the latest possible date and never intended to apply for voluntary retirement.

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

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

STATEMENT OF FACTS:
According to Special Order AG-0427, dated 9 Dec 91, on 15 Feb 92, the applicant was ordered to Extended Active Duty (EAD).

According to a 437th Airlift Wing memo, dated 22 Jan 14, the applicant was notified by his commander that he was considered and selected for early retirement by the SERB. As a result of his selection for retirement, a mandatory Date of Separation (DOS) of
30 Jun 14, or the last day of the month after he reached 20 years of service, whichever is later, would be established. In addition, he was informed that on or before 14 Feb 14, he could request to voluntarily retire on his mandatory retirement date or on an earlier date, if eligible. The applicant acknowledged receipt of the SERB notification and fact sheet.

On 30 Jun 14, the applicant was honorably discharged with narrative reason for separation of “Voluntary Retirement: Maximum Service or Time in Grade and corresponding separation code of “RBC.” He was credited with 22 years, 4 months, and 16 days of total active service.

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

AIR FORCE EVALUATION:
AFPC/DP2STM recommends denial indicating the PSDM 14-05, SERB Administrative Release Instructions, specifies that the code “RBC”
– Voluntary Retirement: Maximum Service or Time in Grade” is the applicable code for those nonselects who applied for retirement.

On 18 Feb 14, the applicant applied for voluntary retirement under the SERB and it was approved via batch update on the same date. Per the instructions in PSDM 14-05, if the officers apply for voluntary retirement effective on or before their mandatory retirement date, the retirement will be coded with the Separation Program Designator (SPD) code of “RBC” – Voluntary Retirement: Maximum Service or Time in Grade.” Recoupment of unearned portions of bonuses, special pays, and educational costs are NOT waived using SPD code RBC.

PSDM 14-05 – Early Retirement Fact Sheet: 2. VOLUNTARY/EARLIER RETIREMENT DATE states:

On or before 14 Feb 14, you may request to voluntarily retire on	your	mandatory	retirement	date	or	on	an	earlier	date,	if

eligible. To do so, you must access the on-line retirement application via Virtual Military Flight (vMPF) and send to AF/DPO for colonels and AFPC/DPSOR for lieutenant colonels.

Verify your duty email address and phone number, click “I have verified my email and phone” click “Self-Service Actions”, click “Retirements”, click “Request Retirement”, click “Check Retirement Eligibility,” enter a date no later than 1 Jul 14, select the retirement program “Voluntary Retirement”, and submit. Refer to the Retirements PSD Guide for application procedures and instructions	at
https://myPers.af.mil/app/answers/detail/a_id/8417.
Once you receive the eligibility notification, complete the retirement application (and obtain the commander’s coordination) using the on-line web-based application located on vMPF. In the justification/remarks block of the retirement application, add the statement “SERB.”

If you apply for a voluntary retirement to be effective on or before your mandatory retirement date, the retirement will be coded with a SPD of RBC – “Voluntary Retirement: Maximum Service or Time in Grade.” Recoupment of unearned portions of bonuses, special pays, and educational costs are NOT waived using code RBC. At the VA’s discretion, the amount of used, transferred Post-9/11 GI Bill benefits to family members is also subject to recoupment by the VA if the underlying ADSC was not completed. If you do not request voluntary retirement, it will be coded with a SPD of SCC - “Mandatory Retirement: Reduction in Force - Mandatory Retirement for Force Reduction.” All recoupment of unearned portions of bonuses, special pays, educational costs and transferred Post- 9/11 GI Bill benefits to family members are waived using code SCC. The SPD will appear on your DD Form 214.

A complete copy of the AFPC/DP2STM evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
By letter dated 20 Apr 16, the applicant states that after numerous visits to the Force Support Squadron (FSS) to gain a better understanding of the retirement process and requirements, he was repeatedly informed that the retirement application was necessary, regardless if he was requesting an early retirement date or not. In addition, he was concerned to find out if ACP would be affected by the SERB result and sought confirmation through the FSS, finance and AFPC personnel. He never received a definitive answer regarding ACP. He was aware of the cutoff date to apply for an earlier retirement date but mistakenly believed his application, made after that cutoff date had passed, was then just part of the normal retirement protocol. He was never informed of the significance of “voluntary” retirement nor that applying for

retirement, effective on the mandatory date, was the same in this context. Since he was not selected for retention by the SERB, he was under the impression he was being involuntarily retired and therefore, the inclusion of the word “voluntary” in the application was just part of a normal retirement process.

After being notified of his nonselection for retention and short period before his mandatory retirement date, his attention was split between two demanding objectives. He had just returned from a deployment with his squadron and was overseeing squadron efforts to reestablish mission readiness status, and now, in addition to this full time job, quickly began preparing for life after the Air Force.

He now realizes the PSDM addressed the distinction of voluntary retirement but at the time he did not understand how the verbiage related to his situation even with concerted effort to ascertain this knowledge. His retirement application submission was made during the period where those multiple pursuits of getting ready for retirement monopolized his time and contributed to misunderstanding and misinterpretation of the guidance. It is unfortunate that he was not able to determine the correct steps to follow, even after several visits to the FSS personnel when continuation of ACP was an important concern.

Looking back at the PSDM with the understanding he now has, he would not have submitted the retirement application. Under those past circumstances, with an unexpected major life-changing event imminent, understanding of the guidance was not clear, neither to him nor to the FSS personnel interpreting and implementing it.

The applicant’s complete submission is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION:

By email dated 10 Nov 16, the Board staff requested AFPC/DP2SSM review the applicant’s rebuttal documents and advise if they change their recommendation to grant the applicant’s request.

By email dated 14 Nov 16, AFPC/DP2STM advised the Board staff that after a review of the applicant’s rebuttal documents, they stand by their original recommendation to deny the applicant’s request.

A complete copy of the AFPC/DP2SSM evaluation is at Exhibit G.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

As required by 10 U.S.C. 1556(a), on 14 Nov 16, a summary of the communications made by AFPC/DP2STM to the Board was provided to the applicant for review and comment within 30 days (Exhibit H).

By email dated 29 Nov 16, the applicant states that it is unfortunate that he was given incorrect guidance from the Military Personnel Retirements office that he needed to submit a retirement application resulting in the unintended consequences associated with the voluntary retirement separation code.

An analysis of his actions at the time of the application including repeated inquiries about the handling of Aviator Continuation Pay after a SERB as well as setting his retirement to the maximum allowable date, clearly show a different intention to the retirement application than the unintended outcome.

Approving his request will correct an error categorizing his retirement as voluntary and will help lift a financial burden that was improperly imposed after retirement.

The applicant’s complete submission is at Exhibit I.

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. After a thorough review of the evidence of record and the applicant’s complete submission, including rebuttal of the Air Force advisory, we believe the applicant is the victim of an injustice. While we note the comments of AFPC/DP2STM indicating that relief should be denied because the applicant’s retirement was properly coded as voluntary based on his request, we believe a clear misunderstanding, has resulted in a clear injustice. In this respect, we note the applicant was selected for retirement by the SERB and ended up voluntarily retiring on his mandatory retirement date of 30 Jun 14, because he thought he was required to submit a retirement application. While the instructions he was provided addresses this issue, we find the applicant more likely than not misunderstood them, as he had just returned from a deployment. Further, a decision to voluntary retire on your involuntary retirement date clearly demonstrates a misunderstanding, as it is not an action an informed, rational member would take. In addition it provides no benefit to the applicant but a significant detriment. Therefore, based on the total circumstances of his case, 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 that his DD Form 214, Certificate of Release or Discharge from Active Duty, block 26, Separation Code, issued in conjunction with his 30 June 2014 retirement, be changed to reflect SCC (Mandatory Retirement: Reduction in Force) rather than RBC (Voluntary Retirement: Maximum Service or Time in Grade).

The following members of the Board considered AFBCMR Docket Number BC-2015-03679 in Executive Session on 10 Nov 16 and 1 Dec 16, under the provisions of AFI 36-2603:

Panel Chair Member Member
The following documentary evidence was considered: Exhibit A.	DD Form 149, dated 25 Aug 15, w/atchs.
Exhibit B.	Pertinent Excerpts from Personnel Records.
Exhibit C.	Memorandum, AFPC/DP2STM, dated 30 Mar 16, w/atch. Exhibit D.	Letter, AFBCMR, dated 4 Apr 16.
Exhibit E.	Rebuttal, Applicant, dated 20 Apr 16. Exhibit F.	Email, AFBCMR, 10 Nov 16, w/atch.
Exhibit G.	Email, AFPC/DP2STM, dated 14 Nov 16. Exhibit H.	Email, AFBCMR, dated 14 Nov 16, w/atch. Exhibit I.	Email, Applicant, dated 29 Nov 16.