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2 mee. EEE OR es ee oe
@ partment OF THE AIR FORM?
WASHINGTONDG a

  

Office of the Assistant Secretary

AFBCMR 97-01741

MEMORANDUM FOR THE CHIEF OF STAFF

of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat

116), it is directed that:
JUL 2

RECORD OF PROCEEDINGS: Sad 3
AIR FORCE BOARD FOR CORRECTION OF MILITARY: RECORDS -

IN THE MATTER OF: | DOCKET NUMBER: 97-01741

   

COUNSEL: NONE

 

HEARING DESTRED: NO

 

APPLICANT REQUESTS THAT:

His retirement date be changed from 1 September 1992 to 1 Octéber |
1992.

 

APPLICANT CONTENDS THAT:

 

The 1 September 1992 date is unjust because it will deny his
ex-wife full medical benefits. His retirement date “is one day

short of the 20-year requirement for her to receive fuli coverage... ~~

No one realized nor were they counseled about this requirement’ when, 7) |
he submitted his retirement papers. If they had known, he would: : -
have gladly spent an extra month on active duty.

On 25 October 1996, he filed divorce papers. -Until this time
neither of them ever thought about his USAF retirement date and the
possible impact. : . ss / =

Applicant’s request is at Exhibit A.

 

STATEMENT OF FACTS:

On 23 January 1970, applicant was appointed as second lieutenant;.

Reserve of the Air Force. He was voluntarily, ordered’ to extended, ©
active. duty on that same date. He served on: continuous active’ oe
duty, was integrated ‘into the Regular component on: 22 September, < |. |
1978, and progressively promoted. to. the grade of = lieutenant.
colonel. : 4 od

 

On 22 May 1992, applicant submitted ‘an application for voluntary.
retirement, to be effective i ‘September 1992..:: On 31 August. 1992, .
he was relieved from active duty and retired effective 1 September:
1992. He was credited with 22 years, 10 month, and 7 days: of

 
 
 

active service for retirement.

Applicant stated that he filed divorce papers on 25 October 1996...
AIR _ FORCE EVALUATION:
EE VAAL LON

The DEERS/RAPIDS Operations Branch, AFPC/DPSFR, reviewed this
application and recommended denial, stating the applicant's. ex-wife
did not complete“a full 20-year overlap, of' marriage and. the
applicant’s. creditable service in determining eligibility: to.
retired pay. To adjust applicant's .retirement date would not: be -
consistent with the intent of the law; : BS

At the time of his retirement, the overlap of marriage and his
creditablé service ‘in determining eligibility to retired pay was 19
years, 11 months, and 29 days. The former spouse meets. the: firsty-

two requirements of the . Uniformed.- Services’ Former Spouses’ °°

Protection Act. At the time of divorce, ‘they were married at! least
20 years and the applicant had performed:..20:.years of ‘service.

However, she did not: meet the third requirement. of having completed
at least a 20-year requirement: ‘of overlap of. marriage and: .the

. The complete evaluation is at Exhibit Cie

The Retirements Operations: Section, AFPC/DPPRSO, recommended denial -
of this application, stating.applicant’s retiremént was:-a, voluntary. a
action that was processed, correctly. Although applicant. has not _

is unlikely that this would impact the fact that no errors occurred
in the handling of his retirement. Further; to award applicant
enough unserved military credit to qualify. for the: provisions of
this law would be unfair. to. the other military retirees who
subsequently (several years following
and yet also do not quite meet the requirements for Spousal
benefits. (Exhibit b) fete

APPLICANT'S REVIEW.OF AIR. FORCE’ EVALUATION:

military retirement) divorce —

appiigant, reiterated -his: conténtions ‘that’ at “ho time during “hig.

retirement counseling did anyone. brief or counsel: either he or his

wife on the 20/20/20 requirement. To, deny his. ex-wife these
benefits for the Sake of one day. would be! a complete injustite and
place an. unbearable financial hardship on herj oO

Applicant's response is at Exhibit F.

 

2 AFBCMR 97-01741
THE BOARD CONCLUDES THAT :.

‘lL. The applicant has exhausted all remedies provided by existing
law or regulations.

2. The application :was. not timely filed; however, it isin the

interest of justice to excuse the failure. to timely file.

3. Sufficient relevant evidence has been presented to demonstrate

the existence of probable injustice. In this respect, because
applicant's retirement date of 1 September 1992 was one. day short
ef the required 20-year.overlap of marriage and credible service
for retired pay, his former: spouse ‘was ineligible. for full benefits

under the 20/20/20 provisions. of the . Uniformed Services. Former |
Spouses’ Protection Act. In. our opinion, .had, the applicant been:
aware of the requirements under.the. 20/20/20 provisions, we believe -
he would have made a different: career. choice with respect to his.
retirement date. Therefore; .in view. of ‘the. former, spouse's _

honorable service to the Air: Force throughout the applicant's

military career, we do not believe she should be penalized because

the marriage lacked one day of overlap -with the. applicant's
credible service for retired. pay. In view of the above, and in
order to. preclude any injustice to .the applicant's former spouse,
we recommend that the records be corrected as indicated below.

 

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected: to show .that he was not

released from active duty on 31 August 1992.and: ‘retired for length <—
of service on 1 September 1992, but. was -continued on extended» .
‘active duty until 30 September 1992, when..he. was released: from.

active duty and retired for length of service: on: 1 October 1992. .

 

The following members of the Board considered this application, in

Executive Session on .28: May 1998, ‘under ‘the’: provisions Of AFI

36~2603:

Mr. Wayne R. Gracie,; Panel Chair .
Ms. Rita S. Looney, Member .
Ms. Ann L. Heidig, Member

“All members voted to correct the records, as. recommended. ‘THe

following documentary evidence was considered:
_Exhibit A. DD Form 149, dated 4 Jun 97, w/atchs.

Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSFR, dated 30 Jun ‘97.

3 AFBCMR 97-01741
Exhibit D, Letter, AFPC/DPPRSO,| dated 15.Sep 97, w/atch.

Exhibit E. Letter, SAF/MIBR, ‘dated .6 Oct 97.
Exhibit F. Letter, Applicant, dated 14 Oct 97.

WAYNE R:. GRACTE
Panel ‘Chair —

 

  

 

4 - AFBCMR 97-01741
© DEPARTMENT OF THE. AIR: ron
HEADQUARTERS AIR FORCE PERSONNEL CENTER |
RANDOLPH AIR FORCE BASE TEXAS: :

     

1947-1957

30 June 1997

MEMORANDUM FOR AFBCMR

FROM:. HQ AFPC/DPSER-
530 C Street West. Suite 37 —
Randolph AFB TX 78150-4739. -

  

1. Requested Action: The applicant i is requesting correction: Bf his, records to ) provide
continued: identification card benefits and. privileges for his: former spouse. .

2. Facts:

  
 

1. B oluntarily retired 1 Septemiber 1992 with 20.years;:
8 months and 11 days of active service. At the. time of his retirement, the. overlap: of his marriage
and his creditable service in determining: eligibility. to retired. pay was 19’ years, 11 months and. 29
days. The former spouse meets'the first two: Tequirements. ‘of the Uniformed Services: Former.. °
Spouses’ Protection Act. At the time of divorce, they wére married: at least 20. years. and the.
sponsor had performed 20 years-of service. ‘However, she. did: not meet. the third requirement of
having completed at least a 20-year Tequirement of: overlap of marriage: and. the sponsor’ s-
creditable service in determining eligibility to retired pay. ‘Because the: ‘overlap: was less than 20
"years but more than 15 yearend ae former’ spouse’ ‘would be entitled to.)
medical care for one year from the date of her divorce, if she was not enrolled in an employer~.» “
sponsored health’plan and had not remarried. . 7

 
 

  

: ma sélieves his records should: be adjusted s so his. dates
would reflect that his former : spouse meets the 20- “year overlap, thus. making, her’ eligible. for: a"
continued medical care benefits,. However, his records are: not in error. No authority. exists to:
change his retirerent date for'the sole purpose of allowing his former s spouse: eligibility’ to former
spouse. (20/20/20) privileges. The law specifies there must be at least a. 20-year. overlap of the. :
Tpamidee: andthe sponsor’s -Créditable. service in determining eligibility to retired 5 pay.. :

  

Gv!
3. Recommendation. No error or injustice has occurred. |
full, 20-year overlap of 1 marriaj

retired pay. To adie
law.

 

Rlid not complete.a.
ge and the. sponsor’ Ss creditable. service in determining. eligibility. to.
Re dates. would not be consistent with the intent of the

  

 

EORGE ; HOBACK, GS-13,DAF
‘Chief, DEERS/RAPIDS Operations Branchi

Grae 7H
’ : DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER #

RANDOLPH: AIR FORCE BASE TEXAS.

 

MEMORANDUM FOR AFBCMR ope SEP S387.

 

FROM: HQ AFPC/DPPRSO .-
550 C Street West, Suite 11
Randolph AFB TX 78150-4713

SUBJECT: Application for Correction of Military Records

 

Reference sii i

Requested Action. The applicant i is requesting his retirement date be chatiged
from, 1 Sep.92 to 1 Oct 92. He is requesting this. change be: administrative’ only with no -
additional retirement pay:

Basis for Request. Applicant contends the 1 Sep: 92 date i is s inijust because it
denies his ex-wife full medical benefits. ‘The.retirement date (1 Sep 92) is one‘day:short -
of the 20 year requirement in order for her to receive full coverage.

Discussion.

a. On 22 May 92 applicant voluntarily applied for retirement and:was.
approved for retirement to be effective 1 Sep 92. AFI. 36-3203 provides for extension of
an approved retirement by reason. of hardship uncommon.to a member’s contemporaties ,
or for the best interest of the Air Force (Atch 1). However, there is no provision. for
applicant'to request an extension of his approved retirement for the sole purpose of
providing medical benefits for gi ;

 

Recommendation. Denial. No error or injustice has occurred. Applicant’s
retirement was a voluntary action that was ‘processed correctly. Although member has -
not provided any documentation to verify the: conditions he reports, it is. unlikely that this.
would impact the fact that no errors occurred in the Handling « of his retirement. Further,
to award applicant enough unserved military credit to ‘qualify for the provisions of this:
law would.be unfair to the. other military retirees who subsequently (several years.

following military retirement) divorce and: yet, also-do not quite meet the requirements for
spousal benefits. as | ,

   
  

4 Retirements Ops Section
= Directorate of Personnel Program Matiagement.

Attachment
~ AFI 36-3203, para 2-21

970170
"10 | eo

the 7DO period is: not delayed while. the deferment ‘OF.

reclama is in process. . If the request is disapproved, the

member has another.7. calendar days to' apply for a hard. -

ship retirement (under patagraph 2. 18).

2,19.2.1, Approval. of an assignment: reclama, humanitar- j |
ian, or. EFMP request. ‘doesn't, in itself, support withdrawal -.

of - a. :tetirement request submitted under ‘the’ 7DO.
Members with ‘a valid hardship may still apply for
retirement under paragraph: 2.18.2:at any. time after the
7DO period has passed if they can substantiate that severe
personal hardship would-otherwise result,

2.19.2.2. To input PTI 958 in the PDS. after the 7DO.
period: has passed, ‘the MPF enters SPEC-PROG-ID code ©
"70" in-DIN RFI, and mails documented evidence of. hard- |
ship: to HQ AFMPC/DPMARR2 (or to’ AFDPOB. ‘for

colonels and colonel selectees).
2.19.3. Enlisted. 7-Day. ‘Option (PCS Declination Policy).
Don't confuse : applying for retirement under the 7-day

option'(in lieu of PCS) with the separate and distinct action.

of declining to get retainability for reassignment by signing
a PCS declination statement. Members who sign a decli- —

nation statement may not apply for retirement’ until the

appropriate. assignment manager cancels the’ assignment.
"and removes it from the base-level file ‘by flow of PTI 510.

to the MPF.

2.19.3.1, CONUS-assigned enlisted members with Wor |

more years of total active federal military service

(TAFMS) who decline to get retainability for a PCS”
assignment, receive an involuntary DOS of:6 months from.
assignment notice or a DOS on thelast day of ‘the month |

they complete:
® 20-years TAFMS,
e An ADSC,
e A CONUS maximum stabilized tour.

2.19.3.2.. Eligible members apply for retirement to be. ~
effective the 1st day of the month following the established 7

DOS or earlier.
2.19.3:3, The. MPF sends..retirement applications accord:

ing:to table 3.2.. In the PDS. transaction PTI 958, the MPF . -

updates. ‘SPEC-PROG- ID “72” (7-day option) to identify

the: ‘application as.“in lieu of PCS” and SUD hot subject to.

withdrawal, ,
2,19,3.4, Detailed information on PCS declinations and

the ‘impact of an: ‘involuntary DOS on retirement: ‘is in AFT

36-21 10 (formerly AFR 39-11).

2.19.4: Retirement ‘Options Available to Officers 8

(Lieutenant Colonel and Below) Who are Ineligible- to

Elect the 7-Day Option. Officers, who have an ADSC ee
more ‘than’ 12 months from: the: date of assignment notice,

If approved, —
retirement is on the date the member requests or on‘a date i

may: apply for retirement in lieu of PCS,

the! SAF« directs.
2194.13:

 

services.:: However, they remain eligible to retire on com-
pleting: theit original ADSC.
2.19.4.2. The MPF completes AF Form 1160, section Int,

than 1. year: and no later than 6 months before the’ it

_7, show. how. to'make these requests,

Officers with lengthy ADSCs will proceed on.
- their” ssignments: if the Air Force critically needs their

@ '  AFI36-3203° 10 August {1994 |

"and-mailsit to HQ) “AFMPC/DPMARR2 showing the =
- officer’s Tequested retirement’ date in Section. Ivy: -
“Remarks.’ ” : .

“390: “Rétivemeat’ din Conjunction ‘with, High Year -
Tenure (HYT): Date. Members request voluntary. retire-

- Ment to’ bé effective .no Jater than ‘the Ist -day of the month
following the HYT date. Members apply. for voluntary
retirement or separate: at ‘these HYT dates:

# - Staff. ‘Sergeants. (SSgt) and. technical sergeants cT3e0 :
*-upon reaching 20: years of service...
Master sergeants (MSsgt) at 24 years 5 of service.
oe Senior master. sergeants. (SMSgt) ‘at 26 years: of .
“services 2. a
. "Chief; master sergeants (CMSgty at 30 years service. -
2.20:3. -Menibers may. submit ‘Yequests : ‘for. extension of. a:

 

 

   
  

-HYT retirement date- ‘based.on extreme hardship 1 not:com-

mon to contemporaries, or best’interest of the Air Force. to

. HQ: AFMPC/DPMARR2. for consideration on-a case-by>’

case basis... _ Approval requires detailed evidence. that: the |

“member. must. Stay on active duty to resolve the: hardship s

and can: liminate the’ problem within the extension period.
The: peri
may not: -éxceed 1 year.

 

 

 

  

2,201.1. The mission: support: and squadron cominander

    

may disapprove requests not meeting this criteria.
2.20.2." Wing OF ‘comparable level. commander
request. HYT extensions :on uniquely qualified nc

missioned. officers (NEOs) filling: critical’ ‘Position when we

they are.essential to the success of a vital mission and ‘suit:
able replacements can't be found.” Submit. fully justified :

requests’ ‘(containing unit; wing commander and: MAICOM’
recommendation) throtigh, command. channels. ni

 
    
   

2 ship
for the. member or’ ‘the’ immediate: family, orif itrisn't in the:
best interest of the Air: Force, submit a: crequest. for with: «
drawal ‘or change. of month, | The; request: package must .
conitain pertinent written documents. Table 3.2, rules 6! ‘and
 Withdrawa al

extension usually won't be approved if the: member j is retir-
ing under thé 7DO. . So
2.21.1; Requests. for Retirement Withdrawal or. Exten- a

 

ston. of ‘Retirement Date Based ‘on. Hardship. The |
request package. must tell what the hardship i is:and show,: :
with. written: evidence, how’ retention on’ active duty: wills.
‘ease or solve the. problem. » Also,- members, must: show. that.
‘the hatdship,, came:up, or got worse, after they’ ‘applied: Ors

 

‘retirement. and that they. could not: ‘feasohably foresee: thes:
hardship: at the time they made retirement:plans. a
2.21.1.1,. The. MPF. codes SPEC:PROG-ID as’. “70” .
(hardship) i in the PDS transaction PTI 95A or 95B. . ‘Show
in the remarks section of the transaction the . ‘date. the

__ member signed AF Form 1160, a

Gat

‘is: the time needed to solve the problem, but BS
AFI 36-3203 10 Atugust 1994 ®

‘ 2:21.2.. Requests for Retirement Withdrawal or. Exten-
sion ‘Based on Best Interest ‘of ‘the. Air Force,
member initiates’ these requests.

2.21.2.1. The commander or other senior official provides :
evidence that clearly shows it is in the best interest of the |
Air Force for the member to stay-on. active duty. A com-

mander who recommends: disapproval. Bives the reasons.
2:21.2.2. In the PDS transaction PTI 954 or 95B,. the

MPF’ codes the SPEC-PROG-ID “73” (best. interest of the.

Air Force). In. the temarks section show ‘the. date.on which
the member signed the AF Form 1160.

2.21.3. Request for Retirement Withdrawal. or Exten-

sion Based. on Promotion. These requests may. be
approved if the member was selected for: promotion after
applying for retirement.

or extension based on promotion,
2.21.3.1.

Enlisted personnel. who. ‘applied’
for retirement under. the 7DO-may not apply for' withdrawal

For members selected for promotion to MSgt,

The

SMS¢t, or CMSzgt, the MPF shows.on the AF Form 1160. z
that the member has’ signed a statement agreeing to fulfill .

the promotion cominitment.

‘2.21.3.2. The member sends the withdrawal request within:

10-workdays after confirming the promotion. _-

2.21.3.3, Because members selected for SSgt or TSet] have | .

E | [If member.
‘is under investigation

sion: for. Medical Reasons. A member. may not
withdrawal or extension: to stay. ‘on. active duty: solely to -

 

i

no ADSC: they may retire the. Ist: day of. the. monih follow-’

ing the effective date of ‘promotion. or: extend, their. retire-
ment date for up'to 6.months..- | - :
2.24,3.4. In. ‘the PTI-95A or: ‘95B, the MPF enters. SPEC-

~ -PROG-ID: code “71” (withdrawal or extension of. retire-

ment based. 00. promotion). In-the remarks block, show the.

-date: on which the: member. signed: the. request ‘for. with-
drawal or extension. -

2.21, 4... Approval.: The: “appropriate F HQ ‘usually. approves. BO 3

requests for an. earlier retirement date unless the: date is:
otherwise restricted. -

2.2155. Request for Retirement Withdrawal. or E:

   

resolve a medical problem or receive medical treatment. If:
the member's. medical: -problems are.severe enough’ to.-war-.
rant a change of: retirement: date; the local medical facility

‘uses the medical: hold Procedures detailed i in chapter:: s

2,22; Request for Extension Beyond a Date. of Separa-

tion 0S). ‘The MPF may. not: accept, or Process a: ‘request: :

to extend a retirement past the DOS of:an enlisted member,

"or the: mandatory DOS ‘of an officer’ except. as. shown i in.
paragraph A. 2,2. ; so

MPF suspends processing of application | taal investigation is. Complete

| Then. if, one.or more of, the restrictions. in table 22 vee Process —

is serving overseas.or on a CONUS.
maximum stabilized tour-and requests.
retirement date: ‘beyond DEROS or: tour

‘applies for retirement on or after ASD —
and is not. eligible to apply under
. paragraph 2. 19,.or applies under
paragra ph.2.19-for an. unauthorized date.

NOTES:

 

-new duty station, when desired date is later than:the first fa of of month after i
DEROS« or tour ‘completion date, Member beconties’ subject. to: restrictions ..
- | existing: at that time. os of
“réstriction ‘will not be waived. MPF won't accept application, unless ASD i is |
-canceled: Member must proceed PCS and may not submit. application ‘uncil . *
“arrival at, new duty ; station. Member is subject to. any other. restrictions - ae
_existin 2 at that time. see. note Bon Ba as

 

1.. If member applied. for retirement and it later develops that: a restriction applies, MPF iramediately- “potifies HQ: .

AFMPC/DPMARR2: ‘(or AFDPOB for colonels and colonel selectees) and the: MAJCOM 50 that. vetirement proce ing is

. suspended.

  

 

 

2.. : Pertains to members who apply for retirement before ASD. If the’application was submitted’ on-or after’ ‘ASD, “ember .
may ‘apply, if eligible, under 7-day option rules (see paragraph. 2.19.and'table.2.3), ;
3.. Paragraphs 2.18.2 and 2.19.2 show how to apply for retirement under hardship conditions,

O47 pay)