RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04566 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His military records be corrected to reflect he was retired from the Air Force Reserve instead of discharged. ________________________________________________________________ APPLICANT CONTENDS THAT: He applied for retirement in Feb 10. The form was given to his commander to sign and as far as he knows, the form was processed and he was retired. However, his military personnel flight (MPF) erroneously discharged him instead. He did not receive any discharge papers, nor was he notified of any pending action against him. In support of his request, the applicant provides a copy of his separation order. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he was discharged from the Air Force Reserve in the grade of technical sergeant (E-6) on 9 Mar 10. Information extracted from the Military Personnel Data System (MilPDS) indicates he was credited with 27 years, 2 months, and 28 days of total reserve service. The remaining relevant facts pertaining to this application are described in the letter 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 injustice. Transfer to the retired reserve does not happen automatically; a member must apply by submitting an application to the Air Reserve Personnel Center (ARPC) Retirements branch for approval and processing. ARPC has no record of receiving such an application from the applicant. The applicant is a former member of the Air Force Reserve who was discharged from the Air Force Reserve on 9 Mar 10 at his expiration term of service (ETS). He attained over 20 years of satisfactory service, thus attaining the requisite service requirements for Reserve retired pay under the provisions of 10 USC 12731. He was notified of his eligibility for retired pay on 14 Mar 03 and, despite his former member status, will be eligible for retired pay on his 60th birthday on XXX 21. He is also eligible to a DoD identification card which entitles him access to commissary and exchange facilities, as well as other military installation privileges. He is ineligible to reenlist for the sole purpose of facilitating his transfer to the retired reserve. A complete copy of the ARPC/DPTT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 4 Feb 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been rebutted by the applicant. Absent persuasive evidence the applicant was denied rights to which he was entitled, appropriate regulations were not followed, or appropriate standards were not applied, we find no basis to disturb the existing record. ________________________________________________________________ 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-2010-04566 in Executive Session on 7 Sep 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Nov 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTT, dated 19 Jan 11. Exhibit D. Letter, SAF/MRBR, dated 4 Feb 11.