RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2022-00338

XXXXXXXXXXXX	COUNSEL:  NONE
	
	HEARING REQUESTED:  NOT INDICATED	

APPLICANT’S REQUEST

Correct his NGB Form 22, Report of Separation and Record of Service, Block 8b. Effective Date, to reflect “20 01 10” vice “19 10 31.”

APPLICANT’S CONTENTIONS

He and his family were enrolled in Tricare Reserve Select (TRS) while overseas and back-dating his separation cancelled his coverage/eligibility.  Without the separation being processed, he did not have a qualifying life event to update his insurance coverage, so he had to wait until the normal benefits open-enrollment window in 2020.  He did not see a problem with that since his Air National Guard (ANG) unit informed him he would maintain his TRS eligibility until his separation was completed.  He switched his benefits during the open-enrollment period and continued to pay for TRS coverage until 31 Dec 19, which is the date he requested it be cancelled.  

During this timeframe, his son had an extended hospital stay which was covered by TRS.  He first received notice of his ANG separation when he was informed by the hospital that he had lost his TRS coverage for that timeframe and had to repay over $6,000 in medical expenses after TRS recouped the payments they made to the hospital.  This caused significant financial hardship.  It also placed him in an impossible position where he needed to change medical coverage but could not do so, due to the qualifying life event not happening yet.  He also did not know he would need that coverage as his unit told him his current coverage would continue until his separation was processed.  According to his NGB Form 22, the date the separation was processed was 10 Jan 20.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged ANG staff sergeant (E-5).

On 11 Oct 19, according to HQ ARPC/DPTS memorandum, dated 9 Mar 22, the applicant submitted a voluntary request for separation.  The request was approved by the applicant’s wing commander on 29 Oct 19.

On 31 Oct 19, according to Special Order XXXXX, dated 6 Jan 20, the applicant was relieved from assignment and honorably discharged from the state ANG.  He was transferred to the United States Air Force Reserve, and assigned to Headquarters, Air Reserve Personnel Center (ARPC), effective 1 Nov 19.

On 31 Oct 19, the applicant was furnished an honorable discharge, with Authority and Reason:  AFI 36-3209, paragraph 3.12.3.4. Removal from Unit – Reside Outside U.S. and credited with 10 years, 9 months, and 17 days service.

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

AIR FORCE EVALUATION

ARPC/DPTS recommends denying the application.  Based on the documentation provided by the applicant, and analysis of the facts, there is no evidence or an error or injustice.  The applicant requested separation through the Virtual Personnel Center on 10 Oct 19, and attached a Memorandum for Record, dated 11 Oct 19, providing justification.  The Adjutant General, delegated authority for enlisted members’ separation actions, approved the request on 29 Oct 19.  The Military Personnel Flight coordinated the application requesting an effective date of 31 Oct 19, and submitted it to ARPC.  The application was finalized by ARPC, on 10 Jan 20, based on the effective date approved by the state ANG leadership.  

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 May 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/DPTS and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

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-2022-00338 in Executive Session on 21 Jul 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 30 Nov 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, ARPC/DPTS, atchs, dated 9 Mar 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 18 May 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.