RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04762

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  That his retired pay be adjusted to full status effective 1 Mar 12.  

APPLICANT’S CONTENTION.  He retired early under the Temporary Early Retirement Authority (TERA).  He turned 62 years of age and now qualifies for a re-computation of his retired pay.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant is a retired Air Force technical sergeant.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION.  AFPC/DP2STM recommends denying the application.  The applicant was required to turn in proof of public or community service not later than one year after he would have attained 20 years of active service (12 Nov 95); however, he did not.  The Defense Finance and Accounting Office (DFAS) notes that no credit could be given for public and community service employment after the Enhanced Retirement Qualification Period (ERQP).  The Retired Pay Casualty System does not reflect that the applicant has additional Qualified Public Service (community service) recorded on his military retirement account.  The complete advisories are at Exhibits C and D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent copies of the Air Force evaluations to the applicant on 19 Dec 17 for comment (Exhibit E), but has received no response.  

THE BOARD CONCLUDES:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes 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, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  Moreover, the applicant has offered no plausible reason for the delay in filing the application.  Therefore, the Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.

THE BOARD RECOMMENDS:  The applicant be informed that the application was not timely filed; that it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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 AFBCMR Docket Number BC-2016-04762 in Executive Session on 13 Mar 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 19 Nov 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP2STM, dated 20 Oct 17.
Exhibit D. Advisory opinion, DFAS, dated 13 Dec 17.
Exhibit E: Notification of Advisory, SAF/MRBR to applicant, dated 19 Dec 17.

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