RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2018-00203

XXXXXXXXX					COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

His discharge status be changed to early retirement.

APPLICANT CONTENDS THAT:

He voluntarily separated on 1 Jul 92 under the early separation program “VSI/SSB” (Voluntary Separation Incentive/Special Separation Bonus).  It took 25 years to pay back the “loan” he accepted to leave active duty voluntarily.  Three months after he separated an option to retire early was initiated; however, he was not allowed to use it.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force technical sergeant.  

On 31 Jan 92, the applicant signed a statement of understanding, acknowledging his decision to separate under SSB was an irrevocable action (Exhibit B-4).

On 1 Jul 92, the applicant was furnished an honorable discharge, under the SSB program, and was credited with 18 years and 20 days of active service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  

The applicant requested to separate under an early separation incentive program in order to receive the monetary benefit associated with the program.  Individuals were required to read and sign a statement indicating that the application to separate under SSB was irrevocable.  Therefore, if another program was initiated prior to his separation, the applicant would not have been eligible to apply.  Furthermore, once the applicant’s separation had consummated, he would not have been eligible to apply for any programs initiated after his date of separation.  Temporary Early Retirement Act (TERA) was enacted in the FY93 NDAA after the applicant’s separation.  The application window for the TERA program did not open until 1 May 92 and members had to retire between 1 Oct 93 and 1 Sep 94.  The applicant could not apply since he had already separated.  There is no authorization to retroactively retire someone who separated prior to the law going into effect.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 12 Sep 18 for comment (Exhibit D), and the applicant replied on 12 Oct 18.  The applicant contended AFPC made an error in the computation of his active duty time; he served 18 years and 20 days, not 15 years, 4 months, and 18 days.  Additionally, AFPC made an error in calling the program Special Separation Benefit, when it should be Special Separation Bonus.  Furthermore, he does not recall the “irrevocable” action referred to by AFPC.  He does not feel he was afforded the opportunity to choose a different option.  The applicant’s complete response is at Exhibit E. 

THE BOARD CONCLUDES:

1.  The application was not timely file.

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 the rationale and recommendation of 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).  Moreover the applicant has offered no plausible reason for the delay in filing the application.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:  

The applicant be informed the application was not timely filed; 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 Docket Number BC-2018-00203 in Executive Session on 23 Oct 18:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:  Application, DD Form 149, w/atchs, dated 31 Dec 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP2STM, dated 19 Jul 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 12 Sep 18.
Exhibit E:  Applicant’s Response, dated 12 Oct 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 regarding AFBCMR Docket Number BC-2018-00203.