RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2021-03790

XXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Correct his official military records to change his Personnel Accounting System (PAS) code from 24X to X9.

APPLICANT’S CONTENTIONS

After submitting documents to the Air Reserve Personnel Center (ARPC) on 10 Jul 21, for his Air Force Reserve retirement pay, he called ARPC on 8 Dec 21 to verify if it was processed, and if he would start receiving retired pay on his 60th birthday.  ARPC informed him that his current PAS code of 24X should be changed to X9 before they could process his retirement pay with full benefits and cost of living allowance (COLA).  He was also directed to submit a DD Form 149, Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552, to the Air Force Board for Correction of Military Records (AFBCMR) to make the correction to his PAS code.  He was unaware his PAS code was input as 24X instead of X9 when he was honorably discharged until he inquired with ARPC if his retirement pay request had been processed.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former member, honorably discharged from the Air Force Reserve, in the rank/grade of master sergeant (E-7).

On 8 Nov 05, according to AF Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force/Air Force Reserve, the applicant requested a 12 month extension of his enlistment for the purpose of retirement.

On 23 Oct 06, ARPC/DPPR sent the applicant the standard notification of eligibility for retired pay (20-year letter) informing him that he had completed the required years under the provisions of Title 10 United States Code, Section 12731 (10 U.S.C § 12731), and was entitled to retired pay upon application prior to age 60.  

On 2 Dec 06, according to ARPC Form 123, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, the applicant elected to participate in the RCSBP upon receipt of retired pay.

On 8 Nov 06, according to Reserve Order XXXX, dated 8 Dec 06, the applicant was honorably discharged from the Air Force Reserve.

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

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.  There was not an attempt from the applicant to apply for a Reserve retirement prior to being discharged.

A review of the applicant’s Military Personnel Record shows the applicant did not submit an application to transfer to the Reserve retired list prior to being discharged on 8 Nov 06, and he became a Former Member.  In accordance with AFI 36-3203, paragraph 9.3. Former Members. “A former member is 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.”

The applicant is eligible for a former member identification card at this time and is still eligible to apply for Reserve retired pay at age 60 or earlier, if applicable.

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 12 Jul 22 for comment (Exhibit D), but has received no response.

AMENDED AIR FORCE EVALUATION

ARPC/DPTT provided an amended advisory correcting a minor administrative error.  The recommendation to deny the application did not change.

The complete amended advisory opinion is at Exhibit E.

APPLICANT’S REVIEW OF AMENDED AIR FORCE EVALUATION

The Board sent a copy of the amended advisory opinion to the applicant on 19 Jul 22 for comment (Exhibit F), 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.  While the Board notes the recommendation of ARPC/DPTT against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board finds that if the applicant had known of the formalities of the retirement application process, he would have adhered to them since he had served the required time to be eligible for a Reserve retirement.  To deny relief in this circumstance would be to place form over substance, to the detriment of the applicant.   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 that	 he was not discharged from the Air Force Reserve on 8 November 2006, but on that date, he was assigned to the Retired Reserve Section, and his name was placed on the Retired Reserve List, and he was eligible for retired pay at age 60, under the provisions of Title 10, USC, Section 12731.  

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-2021-03790 in Executive Session on 16 Sep 22:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, dated 8 Dec 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTT, w/atchs, dated 22 Jun 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 12 Jul 22.
Exhibit E:	Amended Advisory Opinion, ARPC/DPTT, w/atchs, dated 14 Jul 22.
Exhibit F:	Notification of Advisory, SAF/MRBC to Applicant, dated 19 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.