RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00603

XXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The 332 days of active duty for training he completed from 25 Jul 17 to 21 Jun 18, while at the  Naval War College, be qualified to reduce his retired pay age under Title 10, United States Code, Section 12731 (Title 10 U.S.C. § 12731), in accordance with the Fiscal Year 2008 (FY08) National Defense Authorization Act (NDAA).

APPLICANT’S CONTENTIONS

His  Navy War College orders should qualify for a Reduced Retirement Pay Age (RRPA), but the Navy does not place the title authorities on their orders and his request for RRPA was denied.  However, his service is not listed as disqualifying under Air Force or Navy regulations and he should not be unfairly denied an RRPA because of how the Navy writes their orders.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 1 Jun 17, the applicant was serving in the Navy and was  issued Permanent Change of Station (PCS) orders to report for active duty for training  at the Navy War College from 25 Jul 17 to 21 Jun 18.

According to DD Form 214, Certificate of Release or Discharge from Active duty, the applicant completed a period of active duty service with the Navy Reserve to attend the Naval War College, from 25 Jul 17 to 21 Jun 18. 

On 23 May 19, Reserve Order PA-00628, shows that the applicant completed an interservice transfer from the Navy Reserve and was appointed as a major in the Air Force Reserve.

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

APPLICABLE AUTHORITY

The FY08 NDAA § 647, Commencement of Receipt of Non-Regular Service Retired Pay by Members of the Ready Reserve on Active Federal Status or Active Duty for Significant Periods, amended Title 10 U.S.C. § 12731 by allowing a reduction in eligibility age for receipt of retired pay by three months for each aggregate of 90 days of qualifying active duty service per fiscal year.   

Qualifying service includes:

Involuntary mobilization: Call or order to active duty under Title 10 U.S.C., § 688, 12301(a), 12302, 12304, 12305, 12406, or any other provision of law during a war or national emergency declared by the President or Congress.  Qualifying active duty may be combined between consecutive fiscal years beginning with the FY15/FY16 crossover.

Voluntary active duty: Call or order to active duty under Title 10 U.S.C. § 12301(d)).  Includes MPA or RPA provided such active duty is performed under 12301(d).

Full-time National Guard duty under a call to active service authorized by the President or Secretary of Defense under Title 32 U.S.C. § 502(f) for purposes of responding to a national emergency declared by the President or a national emergency supported by federal funds.

Medical treatment/medical evaluation for disability purposes or medical study, Title 10 U.S.C. § 12301(h)(1).

Non-qualifying Service Includes: 

Active Guard Reserve (AGR) (Title 10 U.S.C. § 12310)
Annual Tour (Title 10, U.S.C. § 12301(b))
Captive status (Title 10 U.S.C. § 12301(g))
Call to active duty (Title 10 U.S.C. § 688)
As an Airmen not assigned to or participating satisfactorily in units (Title 10 U.S.C. §12303)
Under active duty agreement (Title 10 U.S.C. § 12311)
Disciplinary/courts martial (Title 10 U.S.C. § 12315)
Muster duty (Title 10 U.S.C. §12319)

AIR FORCE EVALUATION

ARPC/DPTT recommends denying the application.  The applicant submitted an RRPA application for review on 2 Nov 19 and on 4 Dec 19, he was informed that his application could not be approved/disapproved for RRPA, because the documents he submitted  did not contain any authority codes (such as Title 10, Title 32, etc.).  Furthermore, they contacted the Naval Reserve Personnel Center on 6 Apr 20 and were informed that the Naval War College does not qualify for RRPA.  

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 27 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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT that a member’s qualification for RRPA is based on the authority annotated on their orders and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board notes the applicant was in the Navy when he attended the Naval War College; his Navy orders do not include the military authority under which he was activated; and based on ARPC/DPTT’s recommendation, the applicant should submit a request to the Navy to determine what authority the orders were published under.  Should the applicant provide evidence he was on qualifying orders during his time in the Navy (i.e. corrected DD Form 214 or modified orders showing the military authority), ARPC could administratively correct his record, or the Board may be willing to reconsider his request.  However, absent such information, 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-2020-00603 in Executive Session on 19 Nov 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 31 Jan 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atch, dated 19 May 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 27 May 20.

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.