RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02095

xxxxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

Her separation status be corrected to retirement eligible by being placed on the Reserve Retired List (RRL).

APPLICANT’S CONTENTIONS

She reached 20 years of active and reserve duty and wants to be placed in the retired Reserve.  She reached high year tenure (HYT) and mandatory retirement.  There are “grey area” benefits that she cannot use until she is placed in the retired Reserve.  She was no longer drilling due to medical reasons and was told by ARPC, since she was six months from her expiration term of service (ETS), she did not have to submit additional paperwork for retirement.

The applicant’s complete submission is at Exhibits A and D.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve (AFR) technical sergeant (E-6).

On 7 Apr 13, AF IMT 1288, Application for Ready Reserve Assignment, indicates the applicant applied for retirement with an effective date of 1 Jun 17, which was approved on 1 May 13.

On 12 Jul 16, Reserve Order XXXXX indicates the applicant was assigned to the retired Reserve and placed on the RRL, effective 1 Feb 17.

On 13 Feb 17, Reserve Order XXXX indicates the applicant’s Reserve Order XXXX, relating to her retirement, was rescinded.

On 9 Sep 20, the applicant was sent a letter from SAF/MRBC stating her application would be closed due to an incomplete application (Exhibit C).

On 14 Apr 21, the applicant sent in another application with the requested information corrected and her case was reopened on 18 May 21.

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

APPLICABLE AUTHORITY/GUIDANCE

AFI 36-3203, Service Retirements, dated 29 Jan 21:

Paragraph 9.3, states a former member is defined as an individual who qualified for retirement but elected not to transfer to the retired Reserve and was subsequently discharged for physical disqualification, misconduct, upon expiration of the member’s contract, or resigned the officer’s commission. These members have no military status but are authorized certain entitlements and benefits in accordance with AFI 36-3026V1_IP, Identification Cards for Members of the Uniformed Services, Their Eligible Family Members, and Other Eligible Personnel.

Paragraph 9.4.10 states transfer to the retired Reserve is not automatic. The following members must apply online through vPC unless ineligible per paragraph 9.6.4.  Eligible members are Air Force Reserve (AFR) members who meet retirement eligibility requirements, except for attainment of age 60 and AFR members not on extended active duty (EAD) who have been found physically disqualified if the members apply and meet the requirements outlined in 10 USC § 12731.  Effective date will be 30 days from the date of application.

Paragraph 9.5 states former members, including those who were discharged for cause or elected discharge or resigned a commission in lieu of transfer to the retired Reserve, are not eligible for transfer to the retired Reserve. 

Being placed on the Reserve Retired List (RRL):  Paragraph 9.10.2 states members awaiting pay at age 60 who are eligible for Reserve retired pay under 10 USC § 12731, but have not reached eligibility age, normally age 60; will receive appropriate Armed Forces of the U.S. Identification Card, unlimited Commissary privileges, Base Exchange privileges, other base privileges, including Information, Ticket & Tours programs and theater, membership in an open mess, if authorized by the base commander, authorization to wear the uniform on special occasions, some travel entitlements as advised by the Transportation Management Office, full-time coverage under Veterans’ Group Life Insurance when elected, TRICARE Retired Reserve, and Federal Employees Dental and Vision Insurance Program (FEDVIP).

AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, dated 14 Apr 05, paragraph 1.2.1 states previous policy allowed AFR members who chose discharge instead of transfer to the Retired Reserve to be reappointed or reenlisted for the purpose of transfer to the Retired Reserve any time prior to age 60.  These members became eligible for partial use of some benefits prior to age 60, and upon attainment of age 60, they were eligible for full benefits whether they were re-affiliated or not.  This criterion has changed.  Members who are discharged today, instead of retired, will not be allowed to re-affiliate and will only be entitled to retired pay and medical care at age 60.

AIR FORCE EVALUATION

ARPC/DPTT recommends denying the application. Documents reflect the applicant was entitled to a Reserve retirement but the applicant requested the application be withdrawn. There was not an attempt from the applicant to re-apply for a Reserve retirement before being discharged.  The applicant is eligible for a former member identification card at this time and is still eligible to apply for Reserve retired pay at age 60 or earlier, if approved.  The applicant would need to apply through the vPC dashboard.  As of 25 Nov 20, she completed 23 years, 6 months, 8 days of satisfactory Federal service.  The applicant applied on 3 Jun 16 for a Reserve retirement to be effective 1 Feb 17.  That application was approved and Reserve Order XXXX, dated 12 Jul 16 was produced.  On 13 Feb 17, the applicant submitted a request for her Reserve retirement to be withdrawn in order to remain in the unit for continuity as a Medical Technician.  The request for her retirement application to be withdrawn was approved and Reserve Order XXXX, dated 13 Feb 17 was processed rescinding Reserve Order XXXX.  The applicant contacted the Total Force Service Center on 7 Sep 18 inquiring if a HYT is an automatic retirement, at that time the applicant was advised to apply for retirement.  On 6 May 19, the applicant was discharged on her ETS (reflected in the Military Personnel Data System, actual document is not found) which was prior to her high year tenure date of 1 Feb 20 and she did not request a new retirement to transfer to the retired Reserve.

The complete advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 11 Jan 22 for comment (Exhibit F), but has received no response.

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.  On 6 May 19, the applicant was discharged and did not apply for retirement to transfer to the retired Reserve before her expiration term of service.  The applicant is eligible for a former member identification card at this time and is still eligible to apply for Reserve retired pay at age 60 or earlier, if approved.  Therefore, the Board recommends against correcting the applicant’s records.

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-2020-02095 in Executive Session on 26 Jan 22 and 12 Feb 22:

, 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/atch, dated 20 May 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Letter (Non-viable), SAF/MRBC to Applicant, dated 9 Sep 20.
Exhibit D: Application, DD Form 149, w/atch, dated 14 Apr 21.
Exhibit E:	Advisory Opinion, ARPC/DPTT, w/atchs, dated 6 Jun 21.
Exhibit F:	Notification of Advisory, SAF/MRBC to Applicant, dated 11 Jan 22.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.