RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-03360

XXXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his DD Form 214, Certificate of Release or Discharge from Active Duty, to reflect:
1.	Medical retirement
2.	New separation date
3.	Rank of master sergeant (E-7) vice technical sergeant (E-6)

APPLICANT’S CONTENTIONS

His new retirement orders have the correct information regarding his separation.  The DD Form 214 is not updated to match his retirement orders.  He was originally separated from active duty on 2 Aug 18 to participate in the Career Intermission Program (CIP).  Upon attempting to re-enter active duty after the completion of the CIP, he was determined to be physically unfit to return to duty and was medically retired, on 2 Aug 21, at the rank of master sergeant.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force Reserve master sergeant (E-7), receiving retired pay.

On 13 Dec 17, the applicant signed the Career Intermission Program (CIP) Individual Ready Reserve Agreement.

On 14 Feb 18, the applicant successfully tested for promotion for master sergeant under the Weighted Airman Promotion System, Promotion Cycle 18E7.

On 1 Aug 18, the applicant was furnished an honorable discharge, with Narrative Reason for Separation:  Miscellaneous/General Reasons, with Separation Code: MND (Service member initiated release/transfer to another service), Reentry Code: 1J (Eligible to reenlist, but elects separation), and credited with 12 years, 7 months, 26 days active service.

On 2 Aug 18, the applicant transferred to the Air Force Reserve under the CIP.

On 9 Jul 21, the applicant met the Informal Physical Evaluation Board, and was recommended for permanent disability retirement with a combined compensable percentage of 40 percent.

On 1 Aug 21, according to Special Order No. XXXXX, dated 27 Jul 21, the applicant was relieved from active duty, organization and station of assignment.  Effective 2 Aug 21, he was permanently disability retired in the grade of master sergeant, with a compensable percentage for physical disability of 40 percent.

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

APPLICABLE AUTHORITY

Air Force Instruction (AFI) 36-2008, Voluntary Limited Period of Active Duty (VLPAD) for Air Reserve Component (ARC) Service Members and the Career Intermission Program, Chapter 4, Career Intermission Program (CIP), paragraph 4.1. Program Scope:

	4.1.1. Career Intermission Program. Allows officers and enlisted members to transition from RegAF into the IRR for a minimum period of one year not to exceed three years. All CIP officer or enlisted members are obligated to return to RegAF at the end of their period of IRR participation.

		4.1.1.5. Provide Disability Evaluation System processing and compensation as if the officer or enlisted member were on AD for a period of more than 30 consecutive days under the provisions of Title 10 United States Code (USC) Chapter 61.

4.3. Provision of Individual Ready Reserve (IRR).

	4.3.2. Promotion Eligibility. CIP members shall be ineligible for promotion consideration from the date of release from RegAF through the period of participation in the program, until return to RegAF.

		4.3.2.3. Enlisted members on an approved promotion list, whose line number has not incremented before being released from RegAF shall, upon return to AD, have the member's DOR for the projected promotion adjusted forward one day for every day of CIP participation.

	4.3.6. Medical and Dental Benefits.

		4.3.6.1. CIP officer or enlisted members who develop a medical condition or incur an injury that renders them unfit for duty will be entitled to retirement or physical disability processing under the provisions of 10 USC Chapter 61.

Title 10, United States Code, Section 1372 (10 USC 1372) – Grade on Retirement for Physical Disability:  Members of Armed Forces:

	Unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following:

		(3) The permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination.

AFI 36-3212, Physical Evaluation for Retention, Retirement and Separation, Chapter 5, Final Review and Disposition: 

5.12. Grade on Retirement.  Unless entitled to a higher retired grade under some other provision of law, service members permanently retired for disability or placed on the TDRL retire in the highest of the following grades (10 U.S.C. § 1372):

	5.12.4. Service members who are retired on or after 23 Sep 96 may be retired in the regular or reserve grade to which they had been selected and would have been promoted, had it not been for the physical disability for which they were retired. (10 U.S.C. § 1372 was amended effective 23 Sep 96).

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  In accordance with AFI 36-3202, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), Attachment 2, Rule 3, to be eligible for a DD Form 214, Air National Guard and Air Force Reserve members must have completed orders of 90 consecutive days or more of active duty service or 30 days or more of active duty service in support of a named contingency operation.  

ARPC/DPTS was unable to locate qualifying time in the applicant’s record to create a DD Form 214 for service through his retirement date of 1 Aug 21.  Additionally, they were not able to find any substantiating documentation providing an increase in his rank to master sergeant.

The applicant separated from the Regular Air Force on 1 Aug 18, then transferred to the IRR under the CIP.  After a careful review of the applicant’s Point Credit Summary, he has no accountable time with the Air Force Reserve.

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 18 Jul 22 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/DPTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant was not in an active duty status during his participation in the CIP; consequently, issuance of a DD Form 214 for that period is not appropriate.  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-2021-03360 in Executive Session on 9 Aug 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/atchs, dated 28 Aug 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTS, w/atchs, dated 11 Jun 22.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 18 Jul 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.