RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-02775

XXXXXXXXXXXXX	COUNSEL:  NONE
	
		HEARING REQUESTED:  NO

APPLICANT’S REQUEST

She be placed on the Retired Reserve List.

APPLICANT’S CONTENTIONS

She needs the Military Personnel Data System (MilPDS) code changed from 24X (Former Member) to X9 (Reserve Retirement), which will denote she is eligible for full retirement benefits from the National Guard.  She received her 20-year letter while she was still in drill status, but she came off drill status because of a surgical injury.  She did not process her retirement because she thought she would come back onto drill status once she recovered; however, she never did.  She has over 6,000 points, received a 20-year letter, and meets all the requirements to be placed on the Retired Reserve List.  However, the Air Force Personnel Center (AFPC) told her the MilPDS code is preventing them from processing her paperwork, and from her obtaining a retiree Identification (ID) card.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 21 Nov 03, according to Reserve Order XXXX, dated 8 Jul 04, the applicant was reassigned from the Headquarters, Air Reserve Personnel Center (HQ ARPC) Non-Obligated, Non-Participating Ready Reserve Section to the HQ ARPC Inactive Status List Reserve Section (ISLRS).

On 17 Nov 10, according to NGB/A1POP memorandum, the applicant was approved for temporary appointment as a medical officer in the Air National Guard.

On 22 Dec 10, according to NGB 337, Oaths of Office, the applicant was granted temporary federal recognition in the Air National Guard.

On 28 Oct 16, according to NGB Form 22, Report of Separation and Record of Service, the applicant was furnished an honorable discharge from the Air National Guard, with Authority and Reason:  AFI 36-3209, Paragraph 2.46.1.7. Miscellaneous Reasons/Apply for Transfer to ARPC.  She was credited with 20 years total service for retired pay.

On 29 Oct 16, according to Special Order XXXX, dated 12 Apr 18, the applicant was transferred to the Air Force Reserve and assigned to HQ ARPC.

On 29 Oct 18, according to HQ ARPC/DPTT memorandum, dated 14 Mar 22, the applicant was discharged from the Air Force Reserve.

On 5 Aug 21, according to documentation provided by the applicant, HQ ARPC/DPTT notified the applicant, via memorandum, Subject: Notification of Eligibility for Reserve Retired Pay at Age 60, that she had completed the required years of service under Title 10, United States Code, Section 12731, and was entitled to retired pay upon application, normally at age 60.

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

APPLICABLE AUTHORITY/GUIDANCE

AFI 36-3203, Service Retirements, dated 29 Jan 21, paragraph 9.3. Former Members. 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.

According to paragraph 9.4.10, transfer to the retired reserve is not automatic. The following members must apply online through vPC: (1) AFR members who meet retirement eligibility requirements of 10 U.S.C § 12731 except for attainment of age 60; (2) Air Force Reserve (AFR) members not on EAD who have been found physically disqualified are transferred to the retired reserve if the members apply and meet the requirements outlined in 10 U.S.C. § 12731.  Effective date will be 30 days from the date of application; or (3) AFR members whose selective early removal from the RASL [Reserve Active] Status List as directed by the Secretary of the Air Force. 

According to paragraph 9.5, categories of personnel who are not eligible for transfer to the Retired Reserve include members who were administratively discharged for cause, personnel who elected discharge or resigned the individual’s commission in lieu of transfer to the retired reserve (former members) or AFR members who have been found physically disqualified and placed on the temporary disability retired list or permanent disability retired list are not eligible for transfer to the retired reserve.

Members Awaiting Pay at Age 60 (Personnel Accounting Symbol Code ZA) are eligible for reserve retired pay under 10 U.S.C. § 12731, but have not reached eligibility age, normally age 60 will receive: (1) Appropriate Armed Forces of the United States ID card, per AFI 36-3026V1_IP; (2) Unlimited Commissary privileges; (3) Base Exchange privileges; (4) Other base privileges, including Information, Ticket & Tours programs and theater; (5) Membership in an open mess, if authorized by the base commander; (6) Authorization to wear the uniform on special occasions; (7) Some travel entitlements as advised by the Transportation Management Office; (8) Full-time coverage under Veterans’ Group Life Insurance when elected; (9) TRICARE Retired Reserve; and (10) 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. Former Members. 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. These former members and their eligible family members will be issued the DD Form 1173, Uniform Service Identification and Privilege Card, on the member's 60th birthday. All members who are eligible for transfer to the Retired Reserve and choose discharge must be formally counseled concerning this policy and its effects on their benefits.

AIR FORCE EVALUATION

ARPC/DPTT recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  On 29 Oct 16, the applicant was transferred to the Individual Ready Reserve, and was discharged from the Air Force Reserve, effective 29 Oct 18. However, she did not request to transfer to the Retired Reserve prior to being discharged.  In accordance with AFI 36-3203, paragraph 9.4.10., transfer to the Retired Reserve is not automatic; members must apply online through vPC for transfer to the Retired Reserve.  The applicant is eligible for a former member ID card at this time, and is still eligible to apply for reserve retired pay at age 60 (or at an approved reduced retirement pay age, if applicable).

If the Board grants relief, the applicant’s discharge of 29 Oct 18 would need to be rescinded and the Board would need to direct that the applicant be placed on the Reserve retired list effective 29 Oct 18.  

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 24 Mar 22 for comment (Exhibit D), and the applicant replied on 13 May 22.  In her response, the applicant contends it took her a few days to process the information ARPC/DPTT provided and she is still in disbelief.  She was able to speak with someone at her prior unit to get an explanation on how this happened.  She had 17 years of active service and only finished the final few years on Drill Status.  If she had known that the route she chose would destroy her chance to retire at age 60, she never would have done so.  Drill Status as a Guardsman was an unknown entity to her and she is in astonished that someone at her unit with more knowledge regarding the horrible decision she made did not verbally counsel her regarding potential effects of her decision.  She is only learning now that the decision she made to separate was a terrible one.

When she left Drill Status, she was under physical and mental duress.  She had undergone brain surgery in Oct 15 and had an adverse outcome to the surgery.  Her rehabilitation was slow and humbling, and the operations tempo of her unit was very demanding.  She hoped she would sufficiently recover so she might re-enter Drill Status for a few more years.  That was why she did not submit her paperwork to retire at the time she exited; she hoped to serve a bit more time.  She regrets to say she continued to suffer from nerve damage as a result of the surgery, but she never would have knowingly made a decision that would burn such a significant bridge.

She swears and affirms she did not understand she was foregoing her privilege to retire.  She understands she is ultimately responsible, but cannot help feeling she was not given proper counseling on the gravity of the choice she made.  She is willing to furnish proof of the surgery, and any notes regarding the complications of the nerve damage she sustained.  If there is recourse, she is hoping she will be allowed to pursue it.

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, to include the applicant’s rebuttal, the Board concludes the applicant is the victim of an error or injustice.  While the Board notes the recommendation of ARC/DPTT against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  According to AFI 36-3209, paragraph 1.2.1., all members who are eligible for transfer to the Retired Reserve and choose to be discharged, must be formally counseled concerning their election and its effects on their benefits.  There is no evidence the applicant received this counseling.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show her discharge from the Air Force Reserve, effective 29 October 2018, be rescinded, she be assigned to the Retired Reserve Section, and placed on the United States Air Force Reserve Retired List, effective 29 October 2018.

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-2021-02775 in Executive Session on 16 Jun 22:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 5 Aug 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atchs, dated 14 Mar 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 24 Mar 22.
Exhibit E:	Applicant’s response, dated 13 May 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.