RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04928

   						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

The remaining active duty service time required for him to qualify for a retirement be waived, and he receive a military retirement. 

APPLICANT CONTENDS:

At the time of separation the Services were downsizing and he was instructed by his Consolidated Base Personnel Office (CBPO) it would be in his best interest to accept the buyout.  He did not accumulate enough active duty service to qualify for retirement.  He knows other Air Force personnel who were granted early retirement. 

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 18 Apr 74. 

According to the documentation submitted by the applicant, on 1 Nov 93, the applicant received an Honorable discharge, with a narrative reason for separation of “Voluntary Release/Transfer to Another Service Component for Early Release Program--SSB,” collected $64,749, and was credited with 19 years, 6 months, and 14 days of 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:

The AFPC Transitions Office recommends denial indicating there is no evidence of an error or an injustice.  In accordance with Title 10, United States Code (U.S.C.), Chapter 867, Retirement for Length of Service, §08914, Twenty to thirty years; enlisted members, states:  “Under regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Air Force who has at least 20, but less than 30, years of service computed under section 8925 of this title may, upon his request, be retired.”  Therefore, an enlisted member must complete 20 years of active duty to qualify for retirement.  

On 1 Jul 93, the applicant completed the AF Form 31, Airman’s Request for Early Separation/Separation Based on Change in Service Obligation, and requested separation effective 1 Nov 93.  On the form, the applicant indicated the reason for separation as “Special Separation Benefit (Lump Sum)”.  During that period of time, the Secretary of the Air Force did offer early retirement under the Temporary Early Retirement Authority (TERA) for certain members with 15 but less than 20 years of active service.  To be eligible for TERA, the applicant had to submit an application for retirement.  A review of the applicant’s record shows he did not submit a request for retirement.  Additionally, the applicant confirms in his application he requested separation to receive the separation bonus incentive.  He did not complete the required service, he is not eligible to retire.  The applicant provided no evidence of an error or injustice, or that he was erroneously counseled regarding separation.  The applicant is ineligible for retirement.  

A complete copy of the AFPC Transitions Office evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 Aug 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-04928 in Executive Session on 15 Nov 16, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 13 Nov 15, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, The AFPC Transitions Office, dated 24 Jul 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 11 Aug 16.

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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.