RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03389 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receive full financial compensation for service credit and points for duty performed from 31 Jul 13 to 31 Jul 14. APPLICANT CONTENDS THAT: He was granted an extension of reserve service until the age of 62 with a corrected mandatory separation date (MSD) of 31 Jul 14. He applied for a points and service credit waiver but was only granted 12 of the 24 month extension. He applied for a second waiver for the remaining 12 months but the waiver never left his wing. He served his full extension and should receive credit and points for his last year of service. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant served as Chief, Medical Readiness during the period under review. On 29 Nov 11, the applicant was notified that his MSD had been recomputed and changed from 31 Jul 12 to 31 Jul 14 due to a change to Title 10, United States Code, Section 14509, Separation at age 62: reserve officers in grades below brigadier general. On 5 Apr 12, the Secretary of the Air Force (SecAF) disapproved the applicant’s retention in active status until 31 Jul 14 for the purpose of service credit provisions of 12308 of Title 10, United States Code. However, the SecAF approved his retention until 31 Jul 13 under the provisions of 12308 of Title 10, United States Code, in order that such service during that period shall be creditable for all purposes. According to documentation provided by the applicant, he submitted a second request for an extension of his MSD, signed by his squadron commander. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C and D. AIR FORCE EVALUATION: ARPC/DPTS recommends denial, indicating there is no evidence of an error or injustice. Since the SecAF has previously rendered a decision, the OPR has no other options to recommend. A complete copy of the AFPC/DPTS evaluation is at Exhibit C. SAF/MRBP recommends approval of the applicant’s request to award service credit and points. In accordance with the Fiscal Year (FY) 2007 National Defense Authorization Act, the MSD of a number of reserve officers were extended beyond age 60. The MSD is the 62nd birthday or the first day of the month after the month, in which they complete 28 years of total federal commissioned service, whichever comes first. The FY07 NDAA did not waive the requirement for compliance with Title 10, Section 12308 (authority to receive service and point credit after age 60). Additionally, the Air Force Reserve Component policy, dated 20 Aug 07, states that such waiver requests be approved only when the service credit points beyond age 60 is required for the officer to retire in the higher grade and that exceptions to this policy would be granted only when in the best interest of the Air Force. After reviewing the applicant’s supporting documentation, and his chain of command’s recommendation, as well as the commander’s recommendation, it is within the best interest of the Air Force to grant approval of service credit and points until 31 Jul 14. A complete copy of the SAF/MBRP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 23 Feb 15 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice. While we note the comments of AFPC/DPTS indicating that relief should be denied because the SecAF previously rendered a decision, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we agree with the opinion and recommendation of SAF/MRBP and adopt its rationale as the basis for our conclusion. Therefore, we recommend the applicant’s records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that competent authority approved his retention in active status until 31 July 2014, under the provisions of 12308 of Title 10, United States Code, in order that such service during that period shall be creditable for all purposes. The following members of the Board considered AFBCMR Docket Number BC-2014-03389 in Executive Session on 21 May 15, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPTS, dated 18 Sep 14. Exhibit D. Memorandum, SAF/MRBP, dated 15 Jan 15. Exhibit E. Letter, SAF/MRBR, dated 23 Feb 15.