RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03394
INDEX CODE: 100.03
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to retire under the Temporary Early Retirement Authority
(TERA) rather than separating under the Special Selection Bonus (SSB).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by the
appropriate office of the Air Force. Accordingly, there is no need to
recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Retirements Branch, Directorate, Personnel Program Management,
AFPC/DPPRR, reviewed the application and states that the applicant’s DD
Form 214, Certificate of Release or Discharge from Active Duty, was
completed correctly and reflects RE code “3S” to indicate SSB. After
coordinating this issue with the Defense Manpower Data Center and the
review board office, it was found that applicant’s RE code was incorrect in
the recruiting data system. Their files have since been fixed and reflect
the correct RE code of “3S.” On 9 April 1993, the Air Force released its
FY94 Drawdown programs that included the Voluntary Separation Incentive
(VSI), SSB, and Temporary Early Retirement Authority (TERA). Applicant was
eligible for all three programs. Although he has stated his reason for
electing SSB vs. TERA, he has not provided any documentation to assert his
case. The applicant has failed to prove the existence of any error or
injustice associated with his voluntary election and during the process of
applying for SSB. They did not find any evidence of an error or injustice
to support the applicant’s claims, either in his DD Form 149 justification
or his military records. Therefore, they recommend denial of applicant’s
request for TERA.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 15 February 1999, for review and response. As of this date, no response
has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest
of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After reviewing the evidence of
record, we note that the applicant was eligible for the Voluntary
Separation Incentive (VSI), Special Selection Bonus (SSB), and Temporary
Early Retirement Authority (TERA) programs. The applicant states that he
was told he could not apply for early retirement but he could apply for
early out under the VSI/SSB program. He also states that after his SSB
separation was approved, the separations unit told him that he could have
applied for early retirement. While the applicant has not provided
evidence of miscounseling, it is reasonable to assume that had he been
provided with proper counseling, he would have elected to retire under the
TERA program. In view of the foregoing, and in an effort to offset any
possibility of an injustice, we recommend his record be corrected to the
extent 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:
a. He applied for early retirement under the provisions of the
Temporary Early Retirement Authority with an effective date of retirement
of 1 October 1993, and his request was approved by competent authority.
b. On 1 October 1993, he was retired under the provisions of the
Temporary Early Retirement Authority in the grade of technical sergeant,
rather than released from active duty under the Special Selection Bonus
Program.
c. He registered on the Public and Community Service Registry
prior to his retirement.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 12 May 1999, under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Terry A. Yonkers, 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 10 Nov 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRR, dated 26 Jan 99.
Exhibit D. Letter, AFBCMR, dated 15 Feb 99.
VAUGHN E. SCHLUNZ
Panel Chair
AFBCMR 98-03394
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:
The pertinent military records of the Department of the Air Force
relating to , be corrected to show that:
a. He applied for early retirement under the provisions of the
Temporary Early Retirement Authority with an effective date of retirement
of 1 October 1993, and his request was approved by competent authority.
b. On 1 October 1993, he was retired under the provisions of the
Temporary Early Retirement Authority in the grade of technical sergeant,
rather than released from active duty under the Special Selection Bonus
Program.
c. He registered on the Public and Community Service Registry
prior to his retirement.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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