RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02455

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

He be awarded 3 additional retirement points or 1.5 days to be eligible for early retirement pay under the Reserve Transitional Assistance Program (RTAP).

APPLICANT CONTENDS THAT:

He was discharged from the Georgia Air National Guard (ANG) with 11 years of service and from the Regular Air Force with 4 years of service.  He has met the 15-year requirement that will make him eligible for retirement pay at age 60 (20 Feb 20) under the RTAP and his NGB Form 22, Report of Separation and Record of Service, states he is eligible. However, he was advised by Buckley AFB that he is 3 points or 1.5 days short of completing drill days for the 1985-1986 timeframe.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former ANG staff sergeant.  On 1 Apr 96, the applicant was honorably discharged from the ANG and credited with 15 years, 5 months and 24 days of total service for pay.  The applicant’s NGB Form 22, block 18 state, “I understand that I am eligible for early qualification for retired pay at age 60.  Reserve Transition Assistance Program.”  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTT recommends granting the application because the applicant did receive the documentation that he met the requirements to qualify for Reserve retirement pay under the provision of Title 10, U.S.C., Chapter 1223, Section 12731a.  If the Board grants relief, three additional retirement points (for a total of 50 points), would have to be given and added to retirement year ending 22 Feb 1986, making it a satisfactory year. The applicant would then have 15 years satisfactory service, allowing him to be eligible for retired pay at age 60 under the provision of Title 10, U.S.C., Chapter 1223, Section 12731a. Additionally, the applicant’s discharge effective 1 Apr 96, will also need to be rescinded.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 24 Jul 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is the victim of an error.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds that a preponderance of the evidence substantiates the applicant’s contentions. Therefore, the Board recommends 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:

	a. He was credited with three additional non-paid inactive duty points for Retention/Retirement (R/R) year 23 February 1985 to 22 February 1986, thereby eligible for retired pay at age 60 under the provision of Title 10, U.S.C., § 1223, Section 12731a.  

	b.  On 1 April 1996, he was not discharged, rather he was relieved from his current assignment and assigned to the Retired Reserve List, eligible for retired pay at age 60 under the provisions of Title 10, USC, § 12731.

	c.  His election of the Reserve Component Survivor Benefit Plan option will be corrected in accordance with his expressed preferences and/or as otherwise provided for by law or the Code of Federal Regulations.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02455 in Executive Session on 29 Aug 18:

	Panel Chair
	Member
	Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 3 Jul 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 24 Jul 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 for Docket Number BC-2017-02455.