RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00492 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: His discharge be changed to an active duty retirement. APPLICANT CONTENDS THAT: He served 21 years and 1 day of active duty in the Air Force and submitted a request for retirement which was not processed due to an administrative discharge action. However, the discharge action was never completed and he was discharged with an honorable service characterization and narrative reason for separation of “completion of required active service.” He is retirement eligible and feels it was an error and an injustice to not allow him to retire. He presumes that he was not permitted to retire because of a state criminal charge for possession of child pornography that he pleaded no contest to, on 26 Jul 13. However, regardless of that conviction, he still served with honor for over 20-years at the time of the conviction. Moreover, the state judicial system was responsible for imposing his sentence and the withholding of his retirement is an additional unwarranted punishment. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: On 21 Aug 92, the applicant entered the Regular Air Force. On 17 Aug 12, the applicant requested retirement, effective 1 Jan 13; however, on 12 Sep 12, his commander placed his retirement on hold pending a civilian investigation. On 31 Aug 13, the applicant was honorably discharged and he was credited with 21 years and 10 days of active duty service. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. On 14 Aug 13, the applicant had an Assignment Availability Code (AAC) “15” - pending court martial and “21” - Commander Directed Hold. The applicant had a Date of Separation (DOS) and High Year of Tenure (HYT) of 31 Aug 13. On 23 Aug 13, the applicant was advice by Electronic Mail (E- Mail) by the Total Force Center, Separations Divisions Manager that he could voluntary extend to give him more time to apply for retirement and out-process. On that same date, the applicant replied "At this point that I don't want to extend." On 27 Aug 13, the Retirements and Separations Branch Superintendent advised the applicant by (E-mail) about retiring in lieu of administrative action and made him aware of separating versus retiring with no benefits. The applicant replied “At this time my private attorney is advising me against making any statements.” On 28 Aug 13, the applicant signed a document “Individual Ready Reserve (IRR) Agreement conditional for enlisted separation pay” circling option 1 with initials (I do not agree to serve in the IRR for a period of 3 years following my separation from active duty or 3 years following the date I complete my MSO whichever is later). Additionally, circling option 2 with initials (I understand I will not receive separation pay), the applicant was discharged on 31 Aug 13. The complete DPSOR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Counsel indicates the applicant rebuts DPSOR’s statement of fact that he was advised of his option to retire in lieu of administrative action. The applicant requested retirement on two occasions, properly completing and submitting his application, only to have his applications for retirement denied. The statement of fact that he voluntarily elected to forego his retirement and benefits is not accurate. He was denied the opportunity to retire and forced to separate without benefits. Counsel’s complete response is at Exhibit E. 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. While counsel states the applicant was denied the opportunity to retire, he did not provided substantial evidence which, in our opinion, successfully refutes the assessment of the applicant’s case by the Air Force Office of Primary Responsibility (OPR). Therefore, we agree with the opinions and recommendations of the AF OPR and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of proof of either an error or an injustice. In the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-00492 in Executive Session on 9 Dec 14 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Dec 13. Exhibit B. Applicant’s available Military Records. Exhibit C. Letter, AFPC/DPSOR, dated 18 Mar 14. Exhibit D. Letter, SAF/MRBR, dated 25 Apr 14. Exhibit E. Letter, Counsel, dated 23 May 14.