RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00119

XXXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Her discharge due to non-retention be rescinded and she be allowed to apply for retirement.

APPLICANT’S CONTENTIONS

She was discharged without due process.  She was on Title 10 orders with the Air National Guard (ANG) from Oct 16 until Dec 17.  During this time, she was made aware by her unit that she was not being retained, but she did not receive the letter of notification until Aug 17.  She desperately tried to find another job position and was waiting for a transfer.  She was not counseled or made aware of her options of being able to transfer to the Retired Reserve should the transfer not go through.  She should have been given the opportunity to be put into a Retired Reserve status but was not given proper information from her former unit or military personnel flight.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force Reserve master sergeant (E-7).

On 29 Jan 09, the applicant received her 20-year letter indicating she had completed the required years of service and would be entitled to retired pay at age 60.

In a letter dated 10 Jul 17, the Chief of Staff, New York Air National Guard (NY ANG) informed the applicant that she was not selected for continued retention and she would be separated from the NY ANG effective 31 Dec 17.  Additionally, she could transfer to the Air Force Reserve program, transfer to an ANG unit outside of New York, or transfer to the Retired Reserve.  If she did not elect to do any of the options, she would be discharged from the ANG and Reserve of the Air Force with no military affiliation or benefits.

Effective 31 Dec 17, per Special Order P-001157, the applicant was relieved from assignment and honorably discharged from the NY ANG and as a member of the Reserve of the Air Force.

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

AIR FORCE EVALUATION

ARPC/DPTS recommends granting the application based on a lack of proper instruction from the applicant’s military personnel flight on how to apply for retirement and incorrect information she was given by the Air Reserve Personnel Center (ARPC) in terms of her discharge application.  The applicant began the process of transferring to the Pennsylvania ANG in Oct 17; however, she needed medical clearance.  On 19 Dec 17, once she received medical clearance, the applicant was notified that there was no longer a position available for her to transfer to.  ARPC also told the applicant that her discharge application would be on hold because of a backlog.  She was discharged on 31 Dec 17 and is considered a former member.

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 28 May 20 for comment (Exhibit D), 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 the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTS and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

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 pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:

a.	She was not discharged on 31 December 2017, but was relieved from her current assignment and assigned to the Retired Reserve List, eligible for retired pay at age 60 under the provisions of Title 10, United States Code, Section 12731.

b.	The election of Survivor Benefit Plan option(s) will be corrected in accordance with her 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-2020-00119 in Executive Session on 5 Aug 20:

, Panel Chair
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 12 Nov 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, dated 31 Mar 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 28 May 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2020-00119, as required by AFI 36-2603, paragraph 4.11.9.