MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
MILITARY RECORDS
SUBJECT: AFBCMR Case of , AFBCMR Docket Number BC-2003-01947
After carefully reviewing the applicant’s request for reconsideration
of his application to have his retirement date changed, and in view of the
letter from his former spouse, I have approved the reopening of this case.
The applicant requested a change to his retirement date, indicating
his former spouse was ineligible for full benefits under the provisions of
the Uniformed Services Former Spouse Protection Act (USFSPA) because he was
two days short of having 20 years of marriage while on active duty. He
asserted that had he known, he would have delayed his retirement until such
time as she was eligible. The Board panel was aware of a similar
application which was favorably considered. Nonetheless, the applicant’s
case was denied on September 17, 2003, by a majority vote, which I accepted
on October 16, 2003.
However, in light of the earlier favorable decision, which has been
brought to my attention, there is an obvious inconsistency in the decisions
regarding these types of cases. Furthermore, it appears a precedent
already has been established by approving the earlier case. Moreover, it
is reasonable to assume that had the applicant known he would have needed
only a couple of days to ensure his former spouse would be eligible for
full USFSPA benefits, he would have remained on active duty one more month.
In view of the former spouse’s honorable service to the Air Force in
support of the applicant and her family, I do not believe she should be
penalized because the marriage lacked two days of overlapping the
applicant’s creditable service for retired pay. Cases of this nature are
extremely rare. I therefore believe that proper and fitting relief in this
case would be to grant an extension of the individual’s date of separation
(DOS) to the next available date and no further. Accordingly, I direct
that the applicant’s DOS be extended to the next available date.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR BC-2003-01947
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 was not relieved from active duty on 31 Aug 97 and
retired for length of service on 1 Sep 97, but continued on extended active
duty.
b. On 30 Sep 97, he was relieved from active duty and retired
for length of service on 1 Oct 97.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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