RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04346

XXXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

Her eligibility date for reserve retired pay be honored as 17 Jan 18.

APPLICANT CONTENDS THAT:

There is a discrepancy between her “official” retirement pay date of 17 Jan 18 and the 17 Jul 18 retirement pay date that HQ Air Reserve Personnel Center (ARPC) is now providing her.  She applied for the Reduced Retirement Pay Age (RRPA) and was approved for 17 January 2018, but is now being told that this is incorrect.  A change to her pay date will create a financial hardship for her.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force Reserve lieutenant colonel (O-5).  

On 12 Oct 06, the applicant was notified by ARPC that she had completed the required years of service for retired pay upon application at age 60.  

In accordance with Fiscal (FY) 2008 National Defense Authorization Act (NDAA) the RRPA, Amends Title 10 United States Code (U.S.C.), Section 12731 to reduce eligibility age for receipt 
of retired pay by three months for each aggregate of 90 days of qualifying active duty service within the FY year. 

On 28 Jan 11, via an email from an ARPC technician, the applicant was notified that her “early retirement date” was 17 Jan 18.

On 27 Sep 17, via email to ARPC, the applicant requests ARPC correct her records to restore the initial 17 Jan 18 retirement date.  The applicant states the new retirement pay date of 17 Jul 18 will create a financial hardship. 

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 denying the application.  The members Reduced Retirement Pay Age (RRPA) date of 17 Jul 18 was properly calculated by using the documentation that was submitted by the applicant in conjunction with National Defense Authorization Act of 2008 and new fiscal year breakdown guidance.  The original technician failed to utilize the new guidance and miscalculated the retirement date of 17 Jan 18.

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 11 Jun 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

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 that the applicant is not the victim of an injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT, and despite the initial administrative error in the retired pay calculation, finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2017-04346 in Executive Session on 7 Aug 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 27 Sep 17.
Exhibit B:	Military Human Resources Record Excerpts
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 23 Feb 18.
Exhibit D:	Notification of Advisory, AFBCMR to applicant, dated 11 Jun 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.