ADDENDUM TO RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2008-00184

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

The applicant requests that the Board reconsider his request to adjust his date of separation to indicate 20 years of total active service rather than 19 years, 2 months and 21 days, so he can qualify for an active duty retirement.  

RESUME OF THE CASE:

On   23 October 2008, the Board considered and denied a request for correction of military records submitted by the applicant, finding that the applicant had provided insufficient evidence of an error or injustice.

For an accounting of the applicant’s original request and the rationale of the earlier decision, see the AFBCMR Letter and Record of Proceedings at Exhibit G.

On 4 April 2016, the applicant requested reconsideration of his request.  He again contends that he was within 10 months of an active duty retirement; however, it is unfair that he was unable to remain in the Air Force for 10 additional months so he would have sufficient time for an active duty retirement. 

In support of his request for reconsideration, the applicant provides a letter from the Defense Finance and Accounting Service (DFAS) dated 8 February 2016, informing the applicant’s Congressional representative that they received updated information correcting the applicant’s reserve time (known as Section 1405 service) to 19 years, 8 months, and 4 days.  Previously, his time was listed as 19 years, 2 months, and 21 days.  On 8 January 2016, they updated their records to reflect the correction, which resulted in an increase to his military retired pay.   Therefore, the applicant’s gross monthly entitlement changed from $1,309 to $1,344.

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

AIR FORCE EVALUATION:

ARPC/DPTT recommends denying the application.  According to Title 10, United States Code (U.S.C.), Section 8914, enlisted members must serve a minimum of 20 years Total Active Federal Military Service (TAFMS) to qualify for an active duty retirement.  A review of the applicant’s record shows that he served 19 years, 2 months and 24 [sic] days TAFMS.  They cannot explain why DFAS-CL recently changed his Service Percentage Multiplier to 19 years, 8 months and 4 days.  The applicant was placed on the Temporary Disability Retired List on 14 December 2001.  He did not return to duty and was subsequently placed on the Permanent Disability Retired List on 9 July 2003.   The applicant has been receiving disability retired pay since 14 December 2001.  He also became eligible for Concurrent Disability Retired Pay (CDRP) on his 60th birthday in 2016.  The applicant was released from active duty under the provisions of Title 10, United States Code (U.S.C.), Section 1202, and placed on the Temporary Disability Retired List on 14 December 2001.  To grant relief would be contrary to the criteria established by Title 10 U.S.C., section 8914.

The complete advisory is at Exhibit I.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 23 July 2018, for comment (Exhibit J), and the applicant replied on 4 September 2018.  In his response, the applicant reiterates that his service dates are incorrect.  DFAS has corrected his active duty service time to 19 years, 8 months and 4 days.  He is only four months shy of an active duty retirement and would like the Board to consider granting his request.  The applicant’s complete response is at Exhibit K.

THE BOARD CONCLUDES THAT:

After reviewing all Exhibits, the Board remains unconvinced the evidence presented demonstrates an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Even with the dates accepted by DFAS, he is still short of the statutory requirement.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, 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-2008-00184-2 in Executive Session on 11 October 2018:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit G:	Record of Proceedings, w/ Exhibits A-F, dated 5 December 2008.
Exhibit H:	Application, DD Form 149, w/atchs, dated 4 April 2016.
Exhibit I:	Advisory opinion, ARPC/DPTS, w/atchs, dated 2 December 2016. 
Exhibit J:	Notification of Advisory, SAF/MRBC to applicant, dated 23 July 2018.
Exhibit K:	Applicant’s response, w/atchs, dated 1 September 2018.

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