RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-05127

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His retired rank be corrected to lieutenant colonel (Lt Col/O-5) and his O-5 pay be included in the “High-3” calculation for retired pay.

APPLICANT’S CONTENTIONS

On 2 Nov 15, he was promoted to Lt Col in the Air Force Reserves.  From that time he served on Active Duty orders until Jan 18.  He held the rank of Lt Col until he retired on 1 Dec 18, but he was serving as a traditional Reservist.  Since he did not hold Lt Col for 3 years, he was informed he would retire as a major.  However, due to a backlog in retirement processing he did not received notification until 2 weeks before his retirement and did not have time to apply for a grade waiver.  Furthermore, his “High-3” calculation did not include his 26 months of O-5 grade, and should be corrected.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve major (O-4).

DD Form 214, Certificate of Release or Discharge from Active Duty, for the period 15 Sep 15 to 21 Feb 16, reflects 5 months and 7 days of active service.  

DD Form 214 for the period 10 Jun 16 to 30 Sep 16, reflects 3 months and 21 days of active service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

Defense Finance and Accounting Service (DFAS) provides the following information for Reserve “High-3” retirement calculation:

Retirement plans determine monthly pay by multiplying retired pay base by a service percentage:  Retired Pay Base x Service Percent Multiplier = Gross Retired Pay.

Retired Pay Base, High-3:  If you entered active or reserve military service after 7 Sep 80, your retired pay base is the average of the highest 36 months of basic pay.  If you served less than three years, your base will be the average monthly active duty basic pay during your period of service.

Service Percent Multiplier, Reserve:  Reserve service is “converted” to active service by dividing retirement points by 360.
7200 points divided by 360 = 20 years of active duty service
2.5% x 20 years = 50%.

AIR FORCE EVALUATION

ARPC/DPTT, recommends denying the application.  A review of the applicant’s military personnel record indicates that he submitted his application for an active duty retirement on 5 May 18, with highest-grade-held (HGH) of Lt Col.  On 17 Jul 18, he requested a date change for his retirement to be effective 1 Dec 18.  On 5 Nov 18, the applicant was notified ARPC needed his pay forms to finalize processing and that he had not met the time-in-grade (TIG) requirements to retire in the grade of Lt Col and that without a waiver he would be retired in the grade of major.  On 14 Nov 18, the applicant decided not to pursue a TIG waiver because it would take too long.

On 2 Nov 15, the applicant pinned on the grade of Lt Col.  He was not on continuous active duty Orders prior to retirement.  In accordance with Title 10, United States Code (U.S.C.), Section 1370, Commissioned officers: general rule; exceptions, paragraph (a)(2)(A), officers in grades above major wishing to voluntarily retire in their officer grade must have served satisfactorily for 3 years while on active duty (for active duty retirements), or be retired in the next lower grade held satisfactorily for 6 months.  ARPC cannot comment on what guidance the applicant may or may not have received in regards to TIG rules prior to applying for pay.  

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 23 Sep 20 for comment (Exhibit D), but has received no response, and the applicant replied on 25 Sep 20.  In his response, the applicant reiterated and clarified his previous comments.  In Feb 18, he was hired at a civilian corporation and started his second career.  He served enough time to earn an active duty retirement, but still wanted to serve so he did not apply for retirement at that time.  For several months, he attended the Unit Training Assemblies (UTAs), and used Annual Training days to complete ground training and other currencies.  Because of his civilian employment and the decreased funding in his unit it became more challenging to maintain aircrew flying currencies.  In May 18, he applied for retirement.  At that time he was informed that retirement applications would choose a date 6 months out or obtain a waiver.  He requested a retirement ceremony of 1 Nov 18; however, he was not able to have a ceremony because the retirement orders were never completed.  In mid Nov 18, he contacted the Total Force Service Center to highlight the delay.  On 20 Nov, to his knowledge, his application was assigned to a processor.  In late Nov, the processor correctly discovered and informed him that he did not have the required active Time in Grade requirements to retire with Lt Col rank, and either a grade change order or a waiver would need to be completed.  This information was provided to him less than two weeks before his adjusted retirement date of 1 Dec.  In his estimation, he could retire in 10 days, or start a waiver that had a 10 to 12 month turnaround.  He chose to retire and not accomplish the waiver because he needed to focus on his current career, and he believed it would not affect his pay because the time he served as a Lt Col would be in the High 3 calculations.  If the Board disapproves his request to retire in the rank of Lt Col, he urges the board to approve the request of a full recalculation of High-3.

The applicant’s complete response is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  After reviewing the evidence of record, the Board finds the applicant’s retirement in the grade of major was proper and in compliance with governing directives.  Since the Board has determined the applicant’s retirement grade was proper, the Board finds no reason to grant a full recalculation of his High 3.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2019-05127 in Executive Session on 6 Oct 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:
Exhibit A:	Application, DD Form 149, w/atchs, dated 9 Oct 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atchs, dated 9 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 23 Sep 20.
Exhibit E:	Applicant’s Response, dated 25 Sep 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2019-05127, as required by AFI 36-2603, paragraph 4.11.9.