RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03849 

   						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He qualify for a full Reserve Retirement, effective 4 Oct 16.

APPLICANT CONTENDS THAT:

He cannot request a mandatory separation date (MSD) waiver past the age of 68, which he obtained on 4 Oct 16.  He served 19 years, 7 months and 12 days of satisfactory service, and completed the required 50 points for a good year during the last 8 months he served.  The requirement for full retirement is 1,000 points in 20 years, and he earned 1963 points.  Therefore, he should be retired with full benefits.

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

STATEMENT OF FACTS:

The applicant was initially appointed in the grade of captain on 23 Feb 97.

On 2 Sep 14, the Secretary of the Air Force Personnel Council (SAFPC) approved his retention until his 68th birthday, on 4 Oct 16.  

On 4 Oct 16, the applicant was furnished an honorable discharge, and was credited with 19 years, 7 months, and 12 days of satisfactory 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:

ARPC/DPTT recommends denial, indicating there is no evidence of an error or an injustice.  There are no provisions of law which allow the applicant to be extended beyond his 68th birthday of 4 Oct 16, his MSD.  In order to establish eligibility for a Reserve retirement under the provision of Title 10, United States Code (U.S.C.), Section 12731, a member must complete 20 years of satisfactory service.  The applicant completed 19 years, 7 months and 12 days of satisfactory service creditable toward retired pay eligibility.  Satisfactory service is a specific one year period where a member must earn a minimum of 50 points.  Although the applicant earned the minimum 50 points, he must also complete the full year of service to be credited with the year of satisfactory service.

A complete copy of the ARPC/DPTT 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 6 Mar 17 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.  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 ARPC/DPTT and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2016-03849 in Executive Session on 21 Mar 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 20 Aug 16, w/atch(s).
	Exhibit B.  Master Personnel Records (Excerpts).
	Exhibit C.  Memorandum, ARPC/DPTT, dated 22 May 17, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 6 Mar 17.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified 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.