RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-05910
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

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THE APPLICANT REQUESTS THAT:

His Reserve retirement date be changed to 1 Sep 04 rather than 
14 Nov 09.  

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THE APPLICANT CONTENDS THAT:

Reserve Order EK-3010, dated 10 Feb 05, placed him on the USAF 
Reserve Retired List as of 1 Sep 04.  However, no action was 
taken on this order and he was not paid until Reserve Order EL-
0449 was generated on 26 Oct 09, reflecting his retirement date 
as 14 Nov 09. 

He is owed retirement pay for the period between 1 Sept 04 and 
14 Nov 09.

A representative from the Department of Veterans Affairs (DVA) 
advised him that he was entitled to back pay.

In support of his appeal, the applicant provides copies of a 
letter to the Defense Finance and Accounting Service, dated 
22 Oct 12; extracts from his military personnel record 
associated with his medical disqualification and retirement, and 
various other documents associated with his request.

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

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STATEMENT OF FACTS:

On 18 May 04, the applicant was medically disqualified for 
continued military duty.  On 1 Sep 04, the Air Force Reserve 
Command (AFRC), Separations, informed ARPC that the applicant 
had requested transfer to the Retired Reserve in lieu of an 
administrative discharge for physical disqualification.  

On 10 Feb 05, Reserve Order EK-3010 was published transferring 
the applicant to the Reserve retired section, effective 
1 Sep 04, awaiting pay at age 60.  

On 26 Oct 09, Reserve Order EK-0449 was published authorizing 
retired pay and transferring the applicant from the USAF Reserve 
Retired List to the USAF Retired List effective, 14 Nov 
09 (age 60).  He was credited with 33 years of satisfactory 
Federal service for retirement.

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THE AIR FORCE EVALUATION:

AFRC/A1K recommends denial, stating that the applicant's 
transfer to the Reserve Retired List (awaiting pay at age 60) 
effective 1 Sep 04 resulted from him being found medically 
disqualified for continued military service based on a medical 
condition that was not service connected.  He was later 
transferred from the Reserve Retired List to the USAF Retired 
List, effective 14 Nov 09 (age 60) which entitled him to begin 
receipt of retirement pay.  Both actions were correct.  The 
applicant was not retired effective 1 Sep 04 with immediate 
receipt of retirement pay because his medical condition was 
found to not be service connected.  Had it been determined that 
his medical condition was service connected, he may have been 
entitled to a disability retirement with immediate receipt of 
retired pay. 

A1K notes that the applicant has not provided any documentation 
to substantiate an error or injustice occurred nor did they find 
a basis to change the applicant’s date of transfer to the USAF 
Reserve Retired List.

The complete A1K evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 14 Apr 13 for review and comment within 15 days.  
As of this date, no response has been received by this office 
(Exhibit C).

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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 its 
rationale 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.

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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-2012-05910 in Executive Session on 26 Sep 13, under 
the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Dec 12, w/atchs. 
    Exhibit B.  Letter, AFRC/A1K, dated 10 Apr 13.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Apr 13.




                                   Panel Chair
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