RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00542
INDEX CODE: 135.02
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be given the Reserve Transition Plan (RTAP) monies he was promised
at his early retirement or that he receive a full 20-year retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 29 February 2000, he was involuntarily retired from the Ohio Air
National Guard (OHANG) and promised Reserve Transition Assistance Plan
(RTAP) benefits. In October 2000, he was told he would receive an
RTAP payment of $4000 in November 2000. He was told this was to
compensate him for his early retirement. He did not receive the
promised RTAP payment and called the OHANG and the RTAP benefits
office. He was told his paperwork was misread and that he was not
eligible for RTAP. He contacted his representative and has worked
through Senator Voinovich’s office for the better part of three years
to get his situation resolved.
In support of his appeal, the applicant has provided a personal
statement.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, a Senior Master Sergeant (SMSgt/E-8) with the OHANG,
was involuntarily retired and transferred to the Retired Reserve on 2
March 2000 as a result of force downsizing. He was credited with 18
years, 1 month, and 29 days of satisfactory service for retirement and
is eligible for Reserve retired pay at age 60.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. While DPP notes the ANG has the applicant
with 20 years of service in one record and 18 years, 1 month, and 24
days in another, their research has yielded that the applicant did
not, in fact, complete 20 years of satisfactory service towards
retirement under United States Code (U.S.C.) Title 10, Section 12731.
He did however, meet the requirement for Reserve retirement under
U.S.C. Title 10 Section 12731a, which states the applicant must have
at least 15 years, but less than 20, of satisfactory service with the
last six years of qualifying service in a Reserve component. Since he
was involuntarily retired, he was eligible for RTAP benefits: however,
he was not entitled to any monetary benefit, only to retire early.
Therefore, on 2 March 2000, he was transferred to the Retired reserve
and is eligible for retired pay at age 60.
DPP’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
12 March 2004 for review and comment within 30 days. 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt their rationale as the
basis for our conclusion that the applicant has not been the victim of
an error or injustice. It appears the applicant may have been
misinformed that he would be entitled to a monetary benefit at the
time of his involuntary separation. However, unless he could show
that he relied on erroneous information to his detriment in electing
to voluntarily retire with less than 20 years of satisfactory service,
we find no compelling basis to recommend granting the relief sought in
this application. In this respect, we note he was forced to seek
early retirement because of the downsizing of his unit. Thus, other
than the possibility of being disappointed because he did not qualify
for a monetary benefit, he had no recourse except to do what he did in
order to qualify for Reserve retirement at age 60.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 AFBCMR Docket Number BC-
2004-00542 in Executive Session on 27 April 2004, under the provisions
of AFI 36-2603:
Mr. James E. Short, Panel Chair
Ms. Deborah A. Erickson, Member
Ms. Martha A. Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Feb 04, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 10 Mar 04, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 12 Mar 04.
JAMES E. SHORT
Panel Chair
AF | BCMR | CY2004 | BC-2003-02991
Letter from HQ AFMC to applicant notifying her of two reassignment opportunities and her eligibility for RTAP. Letter from HQ AFMC to applicant notifying her of ARPC’s denial of her RTAP eligibility. DPP states the position offered her from ARPC was located in Denver, CO but that the Program Manager at DFAS-CO agreed to allow her to perform her IDT’s at the DFAS-San Antonio office thereby providing the same commuting distance she endured when assigned to Kelly AFB, TX.
AF | BCMR | CY2005 | BC-2005-00823
DPP states the applicant’s records indicate he completed 26 years, 3 months, and 6 days of honorable Federal service as of his discharge from the Air Force Reserve; however, only 18 years, 4 months, and 9 days of this time was satisfactory service creditable toward retirement pay eligibility. Since the applicant was discharged from the Air Force Reserve prior to the enactment of this provision of law, he is not eligible for RTAP pay or Reserve Retired pay. The evidence provided confirms...
AF | BCMR | CY2003 | BC-2002-02519
Applicant’s complete submission is at Exhibit A. Applicant enlisted in the Air Force Reserve on 14 November 1991, for a period of six years. He had served a total of 22 years and 1 month of satisfactory service at the time of discharge, of which the last five were in the Air Force Reserve.
AF | BCMR | CY2009 | BC-2008-01484
DPPR advises that in order to establish eligibility for Reserve retired pay under the provision of Title 10, U.S.C., Section 12731a, a member must complete 15, but less than 20 years of satisfactory service with the last 6 years of qualifying service in a Reserve component. The applicant did not complete 15 years of satisfactory service and there is no indication in his record that he was involuntarily separated from the Air National Guard. In this regard, Title 10, Section 12731a,...
DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary AFBCMR 95-02947 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: ecords of the Department of the Air Force relating corrected to show that he was honorably discharge Washington Air National Guard on 13 Jul95, with a...
AF | BCMR | CY2006 | BC-2005-01194
For her last partial year of Regular active duty, she was correctly credited with 11 months and 21 days of satisfactory service. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. ...
AF | BCMR | CY2007 | BC-2007-00035
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00035 INDEX CODE: 137.04 XXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 12 June 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s marital status be changed from “single” to “married” in the year 2001, and that his records be changed to show he elected to participate in the...
AF | BCMR | CY2004 | BC-2004-03905
Additionally, DPP contends, there is no provision of law that would allow a member to retire with entitlements and no pay. DPP’s complete evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states that while he is no authority on retirement matters, he does believe that retirement after 15 years of service is allowable at times. ...
AF | BCMR | CY2004 | BC-2004-01047
No one told him however, that the six years required were considered qualifying years based on his retirement year ending date of July. In support of his appeal, the applicant has provided copies of an Air Force DD Form 214, Certificate of Release or Discharge from Active Duty, an Army National Guard (ARNG) NGB Form 22, an ANG NGB Form 22, an honorable discharge order, a memorandum from Air Reserve Personnel Center (ARPC) regarding time necessary to retire with a Reserve retirement, a point...
AF | BCMR | CY2004 | BC-2003-03023
The IG’s investigation was not obligated to determine the validity of Col “W’s” claims of the applicant’s performance but whether or not Col “W” abused his authority by ordering that the two OPR’s be written. He asks that the Board consider the documented record of his performance included in his application instead. In view of the above determination and in an effort to provide the applicant with appropriate relief, we recommend that his records be corrected to show that he was promoted...