RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03274

xxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be granted a reserve retirement.

APPLICANT’S CONTENTIONS

Reserve Order EL-0202, dated 16 Oct 17 revoked his retirement order which was effective 3 Oct 17.  This is an administrative error that needs to be corrected.  Following a military tribunal in Jun 08, recommendation was dismissal from the service.  During the appeals process, his lawyer contacted him to let him know to file for retirement and it would be approved.  He was in contact with the Air Reserve Personnel Center Retirement Office and assumed his retirement was approved on 29 Apr 11 and again on 29 Sep 14 and would be collecting his retired pay at age 60.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air National Guard lieutenant colonel (O-5). 

On 23 Aug 00, memorandum from HQ ARPC/DPPRB indicates the applicant was notified of his eligibility for retired pay at age 60.

On 15 Jun 06, AF IMT 131, Application for Transfer to the Retired Reserves, the applicant requested to be transferred to the retired reserves with an effective date of 15 Dec 06.  It was approved on 28 Jun 06 by AFMC Personnel Management.

On 19 Sep 06, Reserve Order EK-7055, indicates the applicant was assigned to the retired reserves effective 15 Dec 06.

On 4 Dec 06, Reserve Order EK-1195, indicates Reserve Order EK-7055 was revoked.

On 29 Aug 08, General Court-Martial Order Number 1 indicates the applicant was charged in violation of Article 134.  Sentence adjudged by military judge on 11 Jun 08, dismissal from the Air Force and 7 months confinement.

On 28 Apr 11, General Court-Martial Order Number 4 indicates the Secretary of the Air Force approved the sentence and ordered the dismissal to be executed effective 27 May 11.

On 16 Oct 17, Reserve Order EL-0202, indicates Reserve Order EL-5228, dated 18 Sep 17, relating to retirement effective 3 Oct 17 was revoked.

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 applicant’s request for a reserve retirement; there is no evidence of an error or injustice because the applicant was dismissed from service and ceased to be a member of the Air Force.  Per a General Court-Martial Order, approved by the Secretary of the Air Force (SecAF), the applicant was dismissed from service and ceased to be a member of the USAF effective 28 Apr 11.  The sentence was adjudged by a military judge on 11 Jun 08.  Due to this dismissal, he is not eligible for non-regular retired pay per Title 10, U.S.C., Section 12740.  Reserve Order EL-5228, (copy of this order is not available) was produced on 18 Sep 17, to be effective 3 Oct 17, on applicants 60th birthday, to process members pay; however, since he was dismissed from service, this order was produced in error.  Reserve Order EL-5228 was therefore revoked by Reserve Order EL-0202 on 16 Oct 17.  The applicant is not eligible for pay or benefits from the USAF now or in the future.  ARPC/DPTT cannot comment on what the applicant’s lawyer may have told him in regards to retirement eligibility.

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 9 Apr 21 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 and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  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-2020-03274 in Executive Session on 15 Jun 21:

, 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 13 Oct 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 2 Apr 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 9 Apr 21.

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.