RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00651

XXXXXXXXXX	COUNSEL: NONE	
(MEMBER)

XXXXXXXXXX	HEARING REQUESTED: NO
(APPLICANT)	

APPLICANT’S REQUEST

Her husband’s medical retirement be converted to a reduced age retirement. 

APPLICANT’S CONTENTIONS

The member was medically retired prior to being afforded an opportunity to apply for a reduced age retirement.  He intended on retiring at the age of 60.  Had he not become ill, he would of submitted his orders before his retirement.  In support of their request, the applicant provides an email dated 24 Jun 20, from AFPC/DPFWM, (Wounded Warrior ARC Non-Medical Care Manager) stating that a reduced retirement could be submitted after retirement via the AFBCMR.  The applicant also provides a copy of Special Oder R30132, dated 27 Apr 10, showing he was activated for partial mobilization under the provisions of Title 10 USC 12302 for the period 24 Aug 09 to 28 May 10.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The member is a retired National Guard master sergeant (E-7).

On 25 Apr 20, the Formal Physical Evaluation Board (FPEB) found that the applicant’s Post-Traumatic Stress Disorder (PTSD) and lung cancer prevent him from reasonably performing the duties of his office, grade, rank or rating.  Accordingly, the FPEB recommended he be permanently retired with a disability rating of 100 percent IAW the Veterans Administration Schedule for Rating Disabilities (VASRD) guidelines.

Effective 30 May 20, the applicant was permanently disability retired in the grade of master sergeant with a 100 percent disability rating.  He has 34 years, 10 months and 27 days of service for basic pay and 6 years, 7 months and 1 day of active service for retirement. 

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

APPLICABLE AUTHORITY

The National Defense Authorization Act for 2008 reduced the retirement age for Reserve Component airmen from 60 to a lesser age, not to be any earlier than age 50.  The reduced retired pay age is calculated with qualifying service days on or after 29 Jan 08.

Qualifying Service

Involuntary mobilization - call or order to active duty under Title 10, U.S.C., Sections 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 Fiscal Year (FY) 15/FY16 crossover.

Voluntary active duty - call or order to active duty under Title 10, U.S.C., Section 12301(d)). Includes MPA or RPA provided such active duty is performed under 12301(d).

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

Per AFI 36-3203, Service Retirements, if a member is pending evaluation by a MEB or PEB, the member is ineligible to apply for voluntary retirement until the MEB/PEB process is completed and a determination of service fitness is made.  Members who are found fit for continued service may then apply for retirement.

AIR FORCE EVALUATION

NGB/A1PP 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. While serving on annual training (AT) orders 14-26 January 2019, the applicant became ill, and was initially diagnosed with pneumonia. Additional testing was ordered and the applicant was subsequently diagnosed with lung cancer. The applicant then proceeded with a MEB and was granted a permanent disability retirement. The applicant agreed to the finding of the MEB and was subsequently discharged from service 30 May 2020.  IAW AFI 36-3202 [sic], table 3.1 rule 5, if a member is pending a MEB, that member “is ineligible to apply for voluntary retirement until the MEB/PEB process is completed and a determination of service fitness is made.  Members who are found fit for continued service may then apply for retirement.”  The applicant was found unfit for duty and subsequently granted a permanent disability retirement; the applicant cannot request a different retirement type after going through the permanent disability retirement process. 

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 13 May 2021 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 NGB/A1PP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  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-2021-00651 in Executive Session on 29 June 2021:

, 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 29 August 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, dated 11 May 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 13 May 2021.

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.