ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-03394
COUNSEL: NONE
HEARING DESIRED: No
____________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests the Board
credit him with the five days needed for a full twenty year active duty
retirement instead of the original 14 days of inactive service time.
____________________________________________________________
STATEMENT OF FACTS:
On 21 May 1974, the applicant enlisted in the Delayed Enlistment Program
(DEP). In accordance with an AFBCMR Directive, dated 13 November 1979,
his record was corrected to show that he was called to extended active
duty for one day on 1 June 1974 and returned to reserve status on 2 June
1974, thereby qualifying him for a reenlistment bonus offered for his
career field at that time.
According to his DD Form 214, he enlisted in the Regular Air Force on 5
June 1974.
Under the provisions of Public Law 102-484, Early Retirement Authority,
he applied for and was approved for early retirement. On 1 June 1994,
he retired in the grade of technical sergeant after serving 19 years, 11
months and 26 days of active service.
On 3 May 2001, the applicant’s request that his inactive time of 14 days
be credited as active service in order that he be credited with a 20-
year retirement was considered and denied by the Board (see Exhibit E).
The applicant submitted DD Form 2676 to the Defense Manpower Data Center
showing that he successfully completed the requirements to receive his
full 20 year retirement at age 62, in accordance with the provisions for
retirement recomputation under Title 10, United States Code, Section
1143a.
On 18 July 2001, the applicant requested reconsideration on the basis
that the Defense Manpower Data Center credited his record with five days
of additional retirement credit under the Temporary Early Retirement
Authority (TERA) which will provide him with an enhanced retirement at
age 62 (see Exhibit F).
____________________________________________________________
AIR FORCE EVALUATION:
Pursuant to the Board’s request, AFPC/DPPRR, reviewed the applicant’s
most recent submission and stated that the letter the applicant sent did
not address the initial request. They sympathize with the applicant’s
situation, however, it has no bearing on Public Law 102-484 Section
4464(a) and Section 4462(c). Member will be credited with his full 20-
year retirement at age 62. Unfortunately, they cannot speak for his VA
entitlements now or at age 62, this will need to be addressed to the
Department of Veteran Affairs.
A complete copy of the evaluation is at Exhibit G.
____________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states that he has medical
problems and is unable to obtain and keep employment. He states he may
not live to see the age of 62, therefore, he is asking the Board credit
him with the additional five days, giving him a full 20 year retirement.
The applicant’s complete response is at Exhibit I.
____________________________________________________________
THE BOARD CONCLUDES THAT:
After reviewing the applicant’s request and the additional
documentation, we are not persuaded to credit the applicant with a 20-
year active duty retirement. In this respect, no evidence has been
presented which would persuade us to change our previous decision with
regard to his inactive service being credited for the purposes of an
active duty retirement. Further, the applicant’s request for an active
duty retirement on the basis that five days have been credited to his
record by the Defense Manpower Data Center for his service to the City
of Sedalia Police Department is duly noted. However, no evidence has
been presented which persuades this Board that the applicant was not
properly advised concerning the effects of his early retirement and that
he would not be eligible for a 20-year retirement until he reached age
62 should he have the appropriate qualifying service. While it is
unfortunate that the applicant has a severe medical condition, we find
no persuasive evidence that he made his decision without all the facts.
We agree with the recommendation of the Air Force and adopt their
rational as the basis for our conclusion that the applicant has not been
the victim of either an error or an injustice. Therefore, we find no
compelling basis upon to favorably consider the requested relief.
____________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice; that
the application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
____________________________________________________________
The following members of the Board considered this application in
Executive Session on 10 December 2001, under the provisions of AFI 36-
2603:
Mr. Henry Romo, Jr., Panel Chair
Mr. William H. Anderson, Member
Mr. John E. B. Smith, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 7 Jun 01,
with atchs.
Exhibit F. Applicant’s Letter, dated 18 Jul 01,
with atch.
Exhibit G. Letter, AFPC/DPPRR, undated.
Exhibit H. Letter, AFBCMR, dated 27 Sep 01.
Exhibit I. Applicant’s Response, dated 11 Oct 01.
WILLIAM H. ANDERSON
Acting Panel Chair
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. It also includes information on recomputation of retired pay at age 62.
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