RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02092 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His retirement date be changed to 1 Jun 12 rather than 1 Jun 11. _________________________________________________________________ APPLICANT CONTENDS THAT: On 6 Feb 12, he was notified that he was officially retired effective 1 Jun 11. Although, he was listed as an active Reservist in the Defense Enrollment Eligibility Reporting System (DEERS), the back dating of his retirement date has made him liable for benefits he received between his retirement date and the date of the retirement order. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 20 Aug 10, the applicant was notified of his second nonselection for promotion to the grade of major (O-4) and that he was being retained to complete 20 years of satisfactory service, or until 1 Mar 13, whichever is earlier. On 6 Feb 12, the applicant was assigned to the retired reserve section, effective 1 Jun 11. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPT recommends denial indicating there is no evidence of an error or injustice. The applicant was notified in Aug 10 that he had been twice deferred for promotion and incurred a mandatory separation date (MSD) of 1 Mar 11. However, since he had 19 years of satisfactory service, he was eligible to be placed into sanctuary to earn 20 years of satisfactory service for retirement, and that he would be retired as soon as he earned 20 years of satisfactory service. The Reserve Separations Branch maintains a Sanctuary Roster on service members and every month a points SURF is reviewed on each individual to see if they have earned the required points to give them their 20 years of satisfactory service. The applicant would have made his 20 years on his Retention/Retirement (R/R) in Jun 11. However, after 60 days, no points had been posted for his R/R year. Separations continued to monitor his points, and in Dec 11, points were posted and credited for his R/R year ending Jun 11, giving him his 20 years of satisfactory service. The law states in part, the service member may not be discharged or transferred from an active status without his consent before the earlier of the following dates 1) the date on which he is entitled to be credited with 20 years of service or, 2) the second anniversary of the date on which he would otherwise be discharged or transferred from an active status. The complete ARPC/DPT evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 27 Jun 12 for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. The applicant contends that his retirement orders were published over six months after the effective date of his retirement and the delay caused him to be the victim of an injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we agree. We note the comments of the Air Force office of primary responsibility indicating that even though he was not credited for all of his reserve service until six months after his retirement/retention (R/R) year closing 31 May 11, his retirement date of 1 Jun 11 was appropriately established based on his attainment of 20 years of reserve service as of the close- out of his R/R year; however, in our view, said delay was through no fault of the applicant and the fact that his retirement date was established six months after the fact, although correctly established, caused him to be financially liable for certain benefits he availed himself of during the intervening period. While we note the applicant is requesting that his records be corrected to reflect the effective date of his retirement is 1 Jun 12, rather than 1 Jun 11; however, in our view, his transfer to the retired reserve should instead be effective the date of his retirement order. In our view, this represents full and fitting relief. Therefore, we recommend the applicant’s records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show he was transferred to the retired reserve on 6 Feb 12, rather than 1 Jun 11. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02092 in Executive Session on 20 Feb 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, 18 May 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPT, dated 25 Jun 12, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 27 Jun 12. Panel Chair