RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03756 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His status be changed from discharged to being placed in the Retired Reserve. _________________________________________________________________ APPLICANT CONTENDS THAT: Due to base realignment and closure (BRAC), he was unable to accomplish his retirement paperwork, and was not afforded any counseling or out-briefing. He would like the opportunity to properly end his career. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was a former Individual Mobilization Augmentee (IMA) and was relieved from his assignment on 17 Nov 08 and transferred to the Non-Participating Ready Reserve Section (NNRPS). He remained in a non-participating status until he was discharged on 6 Jan 10, at his Expiration Term of Service (ETS). He completed the service requirements for Reserve retired pay under the provisions of Title 10, United States Code (10 U.S.C.), Section 12731. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DPTT states that in order to transfer to the Retired Reserve, a member must complete a retirement application and submit it to ARPC for approval and processing. ARPC has no record of receiving a retirement application from the applicant. In the past, the Air Force Reserve allowed Reservists who voluntarily resigned or separated after completing 20 satisfactory years to apply for reappointment reenlistment for the sole purpose of transferring to the Retired Reserve. In Jun 93, The Office of the Assistant Secretary of Defense for Reserve Affairs challenged this practice; the Air Force Reserve concurred and the policy was discontinued. Therefore, once members are discharged and become former members, they are not allowed to be reappointed or enlist solely for retirement purposes. Since the applicant was discharged in 2010, he is not eligible to enlist for transfer to the Retired Reserve. DPTT states that the applicant completed the service requirements for Reserve retired pay under the provisions of Title 10, United States Code (10 U.S.C.), Section 12731, and was issued the official Notification of Eligibility for Retired Pay at age 60 letter on 9 Apr 04. The applicant is eligible to receive Reserve retired pay effective on 17 Jun 24, his 60th birthday. By law, 10 U.S.C., Section 12738, once the official notification is issued, Reserve retired pay eligibility cannot be revoked or denied; the entitlement remains in effect even if the member is discharged. DPTT further states that on the day the applicant enlisted, he knew when his ETS would expire. The applicant did not submit a retirement application prior to his discharge in 2010. Further, even though the applicant was discharged, he retains his eligibility for Reserve retired pay and all benefits associated with retired pay upon application at age 60. He is also eligible for an Identification Card now which entitles him access to commissary and Exchange facilities, as well as other base privileges. The complete DPTT evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 9 Oct 12, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. _________________________________________________________________ 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 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 the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our conclusion that 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 relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2012-03756 in Executive Session on 9 May 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence considered: Exhibit A. DD Form 149, dated 16 Aug 12, w/atchs. Exhibit B. Letter, ARPC/DPTT, dated 3 Oct 12. Exhibit C. Letter, SAF/MRBR, dated 9 Oct 12.