RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00667

XXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His separation status be corrected to retirement eligible by being placed on the Reserve Retired List (RRL).

APPLICANT’S CONTENTIONS

He was planning to separate from the Air Force Reserve and join another unit in the Air National Guard; however, he would now like to apply for retirement since he is eligible.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force Reserve master sergeant (E-7).

On 13 Sep 19, according to Reserve Order XXXX, dated 17 Jul 19, the applicant was honorably discharged from the Air Force Reserve.

Dated 6 May 20, Memorandum from HQ ARPC/DPTT indicates the applicant completed the required years of service under the provision of Title 10, United States Code, Section 12731 (10 U.S.C. §12731) and will be 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. 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 36-3026 Volume 1, Identification Cards for Members of the Uniformed Services, Their Eligible Family Members, and Other Eligible Personnel.

Paragraph 9.4.10. Transfer to the retired reserve is not automatic. The following members must apply online through vPC unless ineligible per paragraph 9.6.4.  Eligible members are Air Force Reserve (AFR) members who meet retirement eligibility requirements, except for attainment of age 60 and AFR members not on extended active duty (EAD) who have been found physically disqualified 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.

Paragraph 9.5.  Former members, including those who were discharged for cause or elected discharge or resigned a commission in lieu of transfer to the retired reserve, are not eligible for transfer to the retired reserve. 

Paragraph 9.10.2. Members awaiting pay at age 60 who are eligible for reserve retired pay under 10 USC § 12731, but have not reached eligibility age, normally age 60; will receive appropriate Armed Forces of the U.S. Identification Card, unlimited Commissary privileges, Base Exchange privileges, other base privileges, including Information, Ticket & Tours programs and theater, membership in an open mess, if authorized by the base commander, authorization to wear the uniform on special occasions, some travel entitlements as advised by the Transportation Management Office, full-time coverage under Veterans’ Group Life Insurance when elected, TRICARE Retired Reserve, and 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 states 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.

AIR FORCE EVALUATION

ARPC/DPTT recommends denying the application.  There was not an attempt from the applicant to apply for a Reserve retirement before being discharged.  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 approved though vPC.  A review of the applicant’s Military Personnel Record shows that as of 23 Oct 19, he completed 20 years, 10 months, 20 days of satisfactory Federal service.  The applicant did not submit an application to transfer to the Reserve retired list prior to his expiration term of service (ETS) and therefore was discharged at the end of that contract on 13 Sep 19.  Per 10 U.S.C. § 12731, a member that is eligible for transfer to the retired list must apply with the Secretary of the military department concerned.

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 Nov 21 and again on 18 Jan 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/DPTT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Specifically, the applicant did not apply for assignment to the RRL when he was eligible prior to his ETS.  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-2021-00667 in Executive Session on 20 Jan 22 and 19 Feb 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 23 Mar 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTT, w/atch, dated 7 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 18 Nov 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.