RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03841 

   						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS:

She be determined to be eligible for Reserve retirement pay and benefits.

APPLICANT CONTENDS:

The Secretary of the Air Force (SECAF) approved her request to extend her mandatory separation date (MSD) through 28 Jun 15 so she could continue to participate and receive sufficient points and service credit beyond age 60 to qualify for Reserve retirement pay.  However, her unit would not allow her to participate while she was waiting on the SECAF decision.  SECAF approval was issued after the end of the additional period of time she was being approved to serve.  Therefore, she was unable to earn a year of satisfactory service for the Retention/Retirement (R/R) year 25 Jun 14 to 24 Jun 15, making her ineligible for Reserve retirement pay and benefits under the provision of Title 10, United States Code (U.S.C.), Section 12731.

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

STATEMENT OF FACTS:

The applicant served in the grade of lieutenant colonel in the Air Force Reserve during the matter under review.  

According to the documentation submitted by the applicant:

1.  On 31 Dec 14, the applicant requested her mandatory separation date of 28 Feb 15 (age 62) be extended through 28 Jun 15.    

2.  On 7 Feb 14, the applicant attained the age of 62.  As a result, she was precluded from performing further military duty after 28 Feb 14 in accordance with Title 10, USC, Section 14509, which requires reserve officers below the grade of brigadier general to be separated on the last day of the month in which the officer becomes 62 years of age.  At the time her MSD expired, she had attained more than 19 years of satisfactory service, having earned 40 of the 50 points required to be credited with 20 satisfactory years of reserve service.

In accordance with 10 USC §14703, the Secretary of the Air Force may retain in an active status any reserve officer who is designated as a medical officer, dental officer, Air Force nurse, Medical Service Corps officer, biomedical sciences officer, or chaplain until the officer reaches 68 years of age.

On 7 Jul 15, the Secretary of the Air Force Personnel Council (SAFPC) approved the applicant’s request to extend her mandatory separation date (MSD) through 28 Jun 15.

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/DPTT recommends denial, indicating there is no evidence of an error or an injustice.  In accordance with Title 10, United States Code (USC), §12731, a service member must complete 20 years of satisfactory service to be eligible for Reserve retirement pay and benefits.  Upon the applicant’s discharge on 28 Jun 15, she had completed 19 years of satisfactory service.  To be credited with a satisfactory year for retirement, members must earn 50 points (this includes 15 membership points).  For the applicant’s 25 Jun 14 to 24 Jun 15 R/R year, she earned 40 retirement points.  HQ Air Reserve Personnel Center cannot speak to the applicant’s claim that her unit, 932 AES/CC’s, would not allow her to participate in Unit Training Assemblies (UTAs) after 14 Mar 15.  Additionally, prior to the time in question the applicant also failed to obtain the required points for a satisfactory year during the period of 25 Jun 13 to 24 Jun 14 (31 points).

Recommend disapproval because the applicant did not complete 20 years of satisfactory service as required by law.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of her request, the applicant submitted a rebuttal to the Air Force Evaluation, in which she explains that with her unit’s full support, she applied to the SAF Personnel Council (SAFPC) for an MSD waiver in sufficient time to complete her 20th good year of service for retirement purpose.   SAFPC approved her for a period of additional service through Jun 15.  However, SAFPC did not issue the signed approval document until Jul 15, after the period of time they were approving, during which she was not authorized to serve.  After many years of selfless service, she separated with 19 years of service, and 40 of 50 points toward her 20th good year.  

A complete copy of the applicant’s rebuttal is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION:

SAF/MRBP recommends granting the application.  But for the delay in the approval of the applicant’s request to extend her MSD, she would have been able to perform sufficient military duty to be credited with a satisfactory year of service for the period 25 Jun 14 through 24 Jun 15.  By the time the request arrived at SAFPC, it was far too late for the applicant to earn the mere ten points she needed to earn an additional good year and qualify for retirement.  While the applicant did submit her request inside the required suspense, said delay was not insurmountable and her case could have been expedited and quickly adjudicated by SAFPC before the applicant ran out of time.  Therefore, because the delay on the applicant’s part could have been overcome and the request was ultimately granted, we recommend relief be granted.  The complete advisory is at Exhibit C.

APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 24 Jul 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:

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

2.  The application was timely filed.

3.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe sufficient relevant evidence has been presented to demonstrate the applicant is the victim of an error or injustice.  While we note the comments of AFPC/DPTT indicating relief should be denied because the applicant did not complete 20 good years of service, the Board concurs with the rationale and recommendation of SAF/MRBP that a preponderance of the evidence substantiates corrective action is warranted. Therefore, we recommend the applicant’s records be corrected as indicated below.  

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show she was credited with 10 additional inactive duty training (IDT) points, for a total of 50 points during the period 25 June 2014 through 24 June 2015, which constitutes a satisfactory year of service, and competent authority approved her request for transfer to the retired reserve, effective 25 June 2015.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03841 in Executive Session on 5 Sep 18:

Panel Chair  
Panel Member
Panel Member

All members voted to correct the record.  The panel considered the following:

	Exhibit A.  DD Form 149, dated 17 Sep 16, w/atch(s).
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPTT, dated 22 Nov 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 26 Sep 17.
	Exhibit E.  Applicant’s Rebuttal, dated 13 Oct 17.
	Exhibit F.  Advisory, SAF/MRBP, dated 23 Jul 18.
	Exhibit G.  Letter, AFBCMR, dated 24 Jul 18.  

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.