RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02146

xxxxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her retirement be corrected to read “Member is a Voluntary, Active Guard Reserve (AGR) Retirement.”

APPLICANT’S CONTENTIONS

Based on the state separation order, Special Order XXXXX dated 14 Oct 07 amending Special Order XXXXXX dated 26 Sep 07, she should have retired as an AGR.  Although she was originally retired medically, upon further examination of her military record, it was determined that she was to receive an AGR retirement and so an amendment was issued by her state.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a medically retired Air National Guard (ANG) senior master sergeant (E-8).

Dated 10 Sep 07, Special Order XXXXX indicates the applicant was permanently, disability retired with a compensable percentage for physical disability of 40 percent, effective 10 Nov 07.  Her active service for retirement shows 17 years, 3 months, and 25 days.

Dated 26 Sep 07, Special Order XXXXX indicates the applicant was separated from the XXXX Air National Guard (XXANG) with a honorable discharge effective 9 Sep 07 and transferred to Headquarters Air Reserve Personnel Center (HQ ARPC) effective 11 Sep 07 under authority of AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, chapter 5, paragraph 5.8.2.5; “Member is an Involuntary Traditional Retirement due to Medical Disqualification.”

Dated 14 Oct 07, Special Order XXXXX indicates the applicant’s Special Order XXXXX was amended to read “honorable discharge effective 9 Nov 07 and is transferred to HQ ARPC, effective 10 Nov 07.  Authority: AFI 36-3203, Service Retirements, chapter 3, paragraph 3.5.1.1, member is a voluntary AGR retirement.”

On 9 Nov 07, NGB Form 22, National Guard Bureau Report of Separation and Record of Service, reflects she was honorably discharged from the ANG in the grade of senior master sergeant (E-8) with 23 years, 6 months, and 26 days for service for retired pay.  Her authority and reason for separation is “AFI 36-3209, paragraph 3.12.6, Transfer to the USAF Reserve Retired List.”

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

AIR FORCE EVALUATION

NGB/A1PP recommends denying the application.  The applicant was permanently, disability retired effective 10 Nov 07 in which AFPC executed all actions with the exception of the state separation order that was published by Headquarters, XXXXX Air National Guard (HQ XXANG).  The state separation order, Special Order (SO) XXXXX, amended on 14 Oct 07 read the member is voluntary AGR retired.  When AFPC made the final determination to retire the applicant under permanently, disability retired the HQ XXXXX should have verified the source document given by AFPC and published the state separation order accordingly.  The state separation order should read permanently, disability retired and the NGB Form 22 should read separated under the authority per AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, chapter 8: Mandatory Retirement Disability, Permanent (Enhanced) with a separation program designator (SPD) code of “SEJ.”  The applicant stated, based on the state separation order, she should have retired as an AGR; however the applicant only had 17 years, 3 months, and 25 days of total active federal military service (TAFMS) at the time of her permanently, disability retired date of 10 Nov 07.  In order to qualify for a regular retirement, the applicant would require 20 years of TAFMS under 10 USC § 9314, per AFI 36- 3203, paragraph 3.1.1.2.

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 7 Oct 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not 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.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2021-02146 in Executive Session on 15 Dec 21:

, 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 7 May 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, NGB/A1PP, w/atchs, dated 1 Oct 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 7 Oct 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.