DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 95-02947 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for Correction 

of Military Records and under the authority of Section 1552, Title 10, United States Code (70A 
Stat 116), it is directed that: 

ecords of the Department of the Air Force relating 
corrected to show that he was honorably discharge 

Washington Air National Guard on 13 Jul95, with a Reserve Transition Assist 
(RTAP) Code of “XA”; and that he was transferred to the Air Force Reserve on 14 July 1995 and 
assigned to the Retired Reserve Section Awaiting Pay, effective 15 Jul95. 

W  Air Force Review Boards Agency 

. 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

JUN  1 I7998 

IN THE MATTER OF: 

DOCKET NUMBER:  95-02947 

COUNSEL:  NONE 
HEARING DESIRED:  NO 

z 

APPLICANT REQUESTS THAT: 
His  records  be  corrected  to  reflect  that  he  was  entitled  to 
receive  five  (5) Reserve  Transition  Assistance  Program  (RTAP) 
payments. 

APPLICANT CONTENDS THAT: 
After notification that he was being "involuntarily" retired, he 
was  advised on 7 May  95 by  the Military  Personnel Flight  (MPF) 
personnel specialists that he was qualified for five  (5) annual 
RTAP monetary  payments,  he  applied  for retirement  effective  on 
his expiration term of service of  (ETS) 3  Aug  95.  However, he 
was  unaware  of  a  change  to  the  RTAP  which  was  approved  on 
17 Apr 95, but was not disseminated from Headquarters,- 
Air  National  Guard  until  early  June  95. 
Had  the  personnel 
specialists been  aware of this policy  change sooner, they would 
have offered him a retirement date prior to 16 Jul 95. 
In support of his appeal, the applicant provided a statement from 
his commander of his intent not to extend him the opportunity to 
reenlist/extend,  a  chronological  order  of  events,  several 
personal 
and 
documentation regarding the RTAP program. 
Applicant's  complete submission is at Exhibit A. 

correspondence, 

statements, 

congressional 

STATEMENT OF FACTS: 
Documentation  provided  by  the  applicant  indicated  that,  on 
1 Mar 95,  he  was  officially  notified  by  his  comander  of  his 
intent  not  to  extend  to  the  applicant  the  opportunity  to 
reenlist/extend  in  the  256  Combat  Communications  Squadron, 
Air  National  Guard,  in  calendar  year  1995.  As  a 
s  enlistment  with  the  Washington  Air  National  Guard 

would terminate on 3 Aug  95. 

Mil 

Form 

for 
A 
Discharge/Assignment,  indicated  a  request  was  made  that  the 
applicant  be  relieved  from  assignment  and  honorably  discharged 
 air  National  Guard  and  transferred  to  the 
from the- 
Retired Reserve. 

Authorization 

453, 

Request 

and 

Information  extracted  from  the  Personnel  Data  Systepr  (PDS) 
indicates  that  the  applicant  was  transferred  to  the  Retired 
Section Awaiting Pay, effective 5 Aug 95.  He will be eligible to 
receive  retired  pay  on  11  Jun  2006. 
He  was  credited  with 
29 years of Satisfactory Federal Service. 

AIR FORCE EVALUATION: 
The Chief, Utilization, ANG/MPPU,  reviewed this application and 
recommended  denial.  MPPU  indicated  that  the  cutoff  date  was 
established  90  days  from  the  date  the  Fiscal  Year  95  Defense 
Authorization Act  was  signed which was  put  at  17  Jul  95.  All 
individuals with established dates in the Personnel Data System 
were  not  allowed  to  change  those  dates  because  it  would  have 
rendered  the  member  ineligible  for  RTAP.  The  change  of  date 
would make the decision voluntary rather than involuntary, and in 
order to receive payments the separation must be involuntary.  In 
the  revised guidance,  a  singular payment  was  authorized  rather 
than  the  five payments  approved  in  the  Fiscal  Year  93  Defense 
Authorization Act.  Therefore, the applicant‘s request for five 
RTAP payments cannot be approved. 
A complete copy of the MPPU evaluation is at Exhibit C. 

APPLICANT’S REVIEW OF AIR FORCE EVALUATION: 
In his initial response, dated 29 Jul 96, the applicant indicated 
that he felt strongly that his case against the ANG was flawless 
and  was  based  on  accurate  documentation  of  the  circumstances 
leading up  to his  “involuntary  retirement on 3 Aug  95, and  the 
accompanying  loss  of  “full“  RTAP  benefits  for  himself,  yet 
received by several other retiring guard members around the same 
time frame 
Applicant’s complete response and additional documentary evidence 
are at Exhibit E. 
Subsequent  to  his  initial  response,  the  applicant  two  o t h e r  
responses which are attached at Exhibit F  and G. 

2 

AFBCMR  95-02947 

ADDITIONAL AIR FORCE  EVALUATION: 
The  Director  of  Plans,  ARPC/XP,  reviewed  this  application  and 
indicated that Air Force implementing guidance for the Department 
of  Defense  (DOD) Selected Reserve Transition Assistance Program 
(RTAP) released on 11 Mar 93 was amended to refleGt the 5 Oct 94 
Section  6,  Temporary  Authogty  for 
changes  to  the  program. 
Special  Separation  Pay  for  Members  with  20  or  More  Years  of 
Service, Section  (a) states in part  "...may  receive one or more 
but  not  more  than  five  years  of  annual  special  payments  as 
determined by  the Secretary of the Air  Force--contingent upon a 
As 
member's  request  for  transfer  to  the  Retired  Reserve. 
determined  by  the  Secretary,  the  number  of  annual  payments 
authorized  may  differ,  based  on  the  policy  or  circumstances 
resulting in the member's  separation. ."  Section  (a) ( 3 )   states 
"A  single special separation payment shall be authorized for Air 
National  Guard  officer  and  enlisted  members  separated  by  the 
application  of  selective  retention policies,  beginning  90 days 
after approval of this policy guidance.  The policy guidance was 
approved on 17 Apr  95, thus the policy in Section  (a) ( 3 )   became 
effective 16 Jul 95. 
According  to  XP,  the  applicant's  allegation  of  untimely 
dissemination of the new RTAP policy was without merit.  However, 
due  to  the  newness  of  the  policy,  some  unintentional  errors 
occurred.  . XP  indicated  that  a  telephone  conversation  between 
their  office  and  ANGRC/MPPSS  on  18  Dec  97  disclosed  that  the 
applicant should have been allowed to retire prior to 16 Jul 95. 
XP  recommended approval of the applicant's  request based  on the 
18  Dec  97 ANGRC/MPPSS  guidance.  In  XP's  view,  the  applicant 
should  have  been  given  the  same  opportunity  to  retire  before 
16 Jul 95 as those members who met Selective Retention Boards. 

A complete copy of the XP evaluation is at Exhibit H. 

APPLICANT'S  REVIEW O F   ADDITIONAL AIR FORCE EVALUATION: 

A copy of the Air Force evaluation was forwarded ta applicant on 
As of this date, no response 
9 Feb 98 for review and response. 
has been received by this office (Exhibit I). 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 

2.  The application was timely filed. 

3 

AFBCMR  95-02947 

3.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate the existence of probable error or injustice.  Having 
carefully  reviewed  this  application,  we  agree  with  the 
recommendation of ARPC/XP  and  adopt  the  rationale expressed  as 
the basis for our decision that the applicant has been the victim 
of an error or an injustice.  Accordingly, we recqmmend m a t  the 
applicant's  records be corrected as indicated below. 

THE BOARD RECOMMENDS THAT: 
The pertinent military records of the Department of the Air Force 
ted to show that he was honorably 
relating to APPLICAN 
discharged from the 
Air National Guard on 13 Jul 95; 
with a Reserve Trans 
ance Program (RTAP) Code of "XA"; 
and that he was transferred to the Air  Force Reserve on 14 July 
1995 and  assigned  to the Retired  Reserve  Section Awaiting  Pay, 
effective 15 Jul 95. 

The following members of the Board considered this application in 
Executive Session on 31 Mar  98, under the provisions of AFI 36- 
2603: 

Mr. Benedict A. Kausal IV, Panel Chair 
Ms. Dorothy P. Loeb, Member 
Mr. Richard A.  Peterson, Member 

All  members  voted  to correct the records, as  recommended.  The 
following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 18 Sep 95, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, ANG/MPPU, dated 1 Jul 96. 
Exhibit D.  Letter, SAF/MIBR, dated 29 Jul 96. 
Exhibit E.  Letter, applicant, dated 29 Jul 96, w/atch. 
Exhibit F.  Letter, applicant, dated 3 Dec 96. 
Exhibit G.  Letter, applicant, dated 26 Dec 961. 
Exhibit H.  Letter, ARPC/XP, dated 5 Jan 98. 
Exhibit I.  Letter, SAF/MIBR, dated 9 Feb 98. 

BENEDICT A. KAUSAL IV 
Panel Chair 

4 

AFBCMR  95-02947