RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-00264
INDEX CODE: 128.08
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be retired with Reserve Special Separation Pay (RSSP) as authorized
under the Reserve Transition Assistance Program (RTAP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is entitled to a retirement with RSSP because he was involuntarily
reassigned from an Air Reserve Technician (ART) position to a
traditional reserve position of a lower grade.
In support of his appeal, the applicant provided an expanded
statement, copies of his retirement orders and revoked orders, and
other documents associated to the matter under review.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application 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 Military Personnel Division, AFRC/DPM, reviewed this application
and recommended denial. According to DPM, the RTAP program was
authorized under Public Law 102-484 and the Defense Authorization Act
for Fiscal Year 1993 to afford certain benefits and entitlements for
personnel involuntary separated due to Air Force Reserve Command
(AFRC) directed unit inactivation through 31 Dec 01. AFRC procedures
are to employ all means to retain displaced personnel. Individuals
whose personal desires do not include retention must consider
voluntary reassignment to inactive status or retirement without RTAP
benefits.
DPM noted that the applicant was an ART assigned to the 507th Air
Refueling Wing, Tinker AFB OK. In Oct 98, he voluntarily resigned his
ART job to accept a position with the Federal Aviation Administration
(FAA). Although, the voluntary resignation rendered him ineligible
for RTAP, his commander afforded him the opportunity to continue his
military service in a senior master sergeant (SMSgt) position at the
507th Air Refueling Wing. The applicant elected to transfer to the
Retired Reserve effective 1 Apr 99 versus accepting a voluntary
demotion.
DPM believes that the applicant’s request for retirement with RSSP
should be denied because he is not eligible for RTAP benefits. RTAP
benefits are intended for personnel involuntarily separated due to
AFRC directed unit inactivation. The applicant voluntarily vacated
his ART position and was afforded the opportunity to continue his
military service.
A complete copy of the DPM evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the advisory opinion and furnished a response and
additional documentary evidence which are attached at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. Applicant’s complete
submission was thoroughly reviewed and his contentions were duly
noted. However, we find no evidence which would lead us to believe
that corrective action is warranted in this case. The evidence of
record indicates that, contrary to his own assertion, the applicant
voluntarily resigned his ART position, which rendered him ineligible
for RSSP under RTAP. We note that orders were issued authorizing RSSP
based on an erroneous entry on his retirement application that he was
eligible for RSSP. However, this error was discovered and the
previous orders were revoked prior to the applicant receiving any
payments, and new orders were published and sent to him. Although the
applicant received payments as a result of the delayed processing of
the paperwork to stop payments, in our view, he should have questioned
the validity of such payments, especially the second payment which he
received a year later, in light of the revoked orders and issuance of
new orders which did not indicate that he was entitled to RSSP. In
view of the foregoing, and in the absence of evidence that the
applicant was involuntarily reassigned from his ART position, or was
erroneously denied RSSP, we agree with the recommendation of AFRC/DPM
and conclude that no basis exists to recommend granting the relief
sought in this application.
_________________________________________________________________
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 26 Jun 01, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Laurence M. Groner, Member
Mr. Clarence D. Long III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jan 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/DPM, dated 20 Mar 01.
Exhibit D. Letter, SAF/MIBR, dated 13 Apr 01.
Exhibit E. Letter, applicant, dated 7 May 01, w/atchs.
RICHARD A. PETERSON
Panel Chair
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