RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01055

XXXXXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

His military personnel records be corrected to approve his request for retirement.

APPLICANT’S CONTENTIONS

His initial application to retire was disapproved due to the retirement effective date requested being after the applicant’s expiration term of service date.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air National Guard master sergeant (E-7).

On 2 May 19, the applicant was furnished an honorable discharge, with Authority and Reason:  AFI 36-3209, Paragraph 3.12.1, Expiration of Enlistment/Less Than 120 MSO/No MSO, Separation Program Designator (SPD): KBK (Completion of Required Active Service), and credited with 20 years, 9 months, 6 days Total Service for Retired Pay.

On 3 May 19, under Special Order XXXXXX, dated XXXX, the applicant was transferred to the United States Air Force Reserve and assigned to Headquarters, Air Reserve Personnel Center.

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

AIR FORCE EVALUATION

ARPC/DPTT recommends granting the applicant’s request for a reserve retirement allowing for retired pay eligibility at age 60 under the provision of Title 10, United States Code, Section 12731 (10 USC 12731).

A review of the applicant’s military personnel records shows he completed the minimum required service to be eligible to be transferred to the Retired Reserve List under the provisions of 10 USC 12731.  The applicant applied for retirement on 29 Oct 18, with an effective date of 6 May 19.  The application was disapproved on 5 Jun 19 because the requested retirement date was after the applicant’s expiration term of service (ETS) date.  On 16 Jul 19, the applicant was discharged on his ETS because he had not requested a new retirement to transfer to the Retired Reserve.  

On 2 Sep 20, the applicant submitted an AF Form 131, Application for Transfer to the Retired Reserve, with a requested retirement effective date of 1 May 19; however, the Air Reserve Personnel Center (ARPC) was unable to process the application as the applicant had already been discharged.

There is evidence of an error or injustice.  Documents reflect the applicant was entitled to a Reserve retirement.  Although the applicant’s original retirement application was incorrect, and he did not re-apply until after he was already discharged, ARPC did not inform the applicant of the error on the original retirement application in a timely manner.

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 11 Aug 21 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 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 substantiates the applicant’s contentions.  In this respect, although the applicant’s original retirement application was incorrect, he was not notified by ARPC of the error in a timely manner.  The applicant is entitled to a Reserve retirement and 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 the APPLICANT be corrected to show he was not discharged from the Air National Guard on 2 May 2019, and not transferred to the United States Air Force Reserve and assigned to Headquarters, Air Reserve Personnel Center on 3 May 2019, but was placed on the Reserve Retired List, effective 2 May 2019.

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-2021-01055 in Executive Session on 28 Sep 21:

, Panel Chair 
, Panel Member
, Panel Member

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

Exhibit A:	Application, DD Form 149, w/atch, dated 18 Dec 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 22 Jul 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 11 Aug 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.