RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02012 

						COUNSEL:  
	
						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

He be considered eligible for retirement with the Air Force Reserve at age 60.

APPLICANT CONTENDS THAT:

He was determined to be not eligible for retirement because he did not meet the minimum reserve requirement of six years.  His Voluntary Separation Incentive (VSI) agreement does not specify that six years of reserve service will be required in order to be eligible for retirement.  He does not recall being briefed of such requirement.  Current law does not have this minimum service requirement.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 19 Aug 75.

On 1 Jun 85, the applicant was furnished an honorable discharge, and was credited with 19 years, 9 months, and 13 days of active service. 

The applicant’s date of birth is 18 May 56, and he reached age 60 on 18 May 16.

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

AIR FORCE EVALUATION:

ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice.  

The applicant’s 20 years, 9 months, and 13 days of satisfactory service include time served on active duty and in the Air Force Reserve.  The applicant voluntarily separated from the Air Force on 1 Jun 95 with a VSI of $21,143.36, which is paid annually for 39 years and 6 months.  The applicant was appointed into the Air Force Reserve on 1 Jun 95 and performed 1 satisfactory year.  He then requested transfer to the Non-Obligated Non-Participating Ready Personnel Section on 1 Jun 95.  He is currently assigned to the Inactive Status List Reserve Section after an administrative transfer from the Ready Reserve to the Standby Reserve on 5 Oct 99.

In accordance with Title 10, United States Code (U.S.C.), Section 12731, in order to be eligible for Reserve retired pay and benefits a service member must have completed 20 years of satisfactory service and complete the last 6 years of qualifying service in a Reserve component.  On or about 17 Sep 96, the applicant was notified via ARPC memorandum, of the requirement to perform 6 years of satisfactory service in a Reserve component.  He did not complete the last six satisfactory years in a Reserve component as required by law, and therefore did not obtain eligibility for Reserve retired pay.

A complete copy of the ARPC/DPTT evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provides a statement indicating he had no training or education into the rules and regulations in place in the reserves, and as an Individual Mobilization Augmentee (IMA) he had very little contact with Reserve personnel specialists.  At the time of his decision to end his IMA assignment, under discussion was qualification for retirement and maintaining eligibility for VSI yearly payments.  There was no mention of the effect on retirement eligibility in Reserve Order HE-0028.  Additionally, having only received the 1 Jun 96 letter from the Reserve Personnel Center, and no subsequent letter, the applicant was under the belief he was still “on track” towards retirement.  Furthermore, upon receipt of an email from the Total Force Service Center, after submitting retirement documents, he was notified “no further action is required” and was believed he had no further actions to take.  The applicant’s complete response, with attachments, is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient 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; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 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-2016-02012 in Executive Session on 7 Nov 17 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02012 was considered:

	Exhibit A.  DD Form 149, dated 24 Apr 16, w/atchs.
	Exhibit B.  Excerpts from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 15 Aug 16.
	Exhibit D.  Letter, AFBCMR, dated 5 Jun 17.
	Exhibit E.  Applicant’s Rebuttal, dated 8 Sep 17, 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.