RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03718
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be given a waiver of his Mandatory Separation Date (MSD) so that he
can be eligible for a 20-year retirement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like to continue as an Individual Mobilization Augmentee
(IMA) for another 3 years so he can obtain 20 good years. Paperwork
did not reach ARPC from Tyndall AFB in time.
In support of his application, he submitted a copy of a letter from
the 325 Medical Group Reserve Affairs Liaison Office.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was an IMA in the grade of lieutenant colonel. The SAF
AFBCMR established his MSD waiver of 29 May 2004 on 19 September 2003.
On 22 July 2003, he was informed that his MSD would be expiring 29
May 2004, under the provisions of Title 10, United States Code,
Section 14703, and since he did not qualify for transfer to the
Retired Reserve, he must be discharged. Section 14703b stated an
officer may not be retained in an active status later than the date on
which the officer becomes 67 years of age. The applicant never
submitted a request for another waiver and was discharged by Reserved
Order CB-269, 25 August 2004, with an effective date of 29 May 2004.
The applicant is not eligible for Reserve retired pay under the
provision of Title 10, U.S.C., Section 12731. In order to establish
eligibility for Reserve retired pay at age 60, he must complete 20
years of satisfactory service with the last 6 qualifying years in a
Reserve component. A review of the his military record indicated he
has completed 14 years of satisfactory serve creditable toward retired
pay as of 21 August 2004. In order to obtain 20 years of satisfactory
service he must complete an additional 6 years of satisfactory
service. His 60th birthday was 24 March 2001. If he obtains/or has a
waiver for age, he would be unable to obtain 20 years satisfactory
service for a Reserve Retirement by age 67.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommended denial and stated the member will not complete 20
years of satisfactory service by the time he would reach age 67 and
would not be eligible for Reserve pay. He has been properly credited
for all satisfactory service earned. There are no provisions in the
law to extend the applicant’s MSD past age 67.
ARPC/DPP Air Force evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
29 December 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. There are no provisions in the law
to extend the applicant's Mandatory Separation Date past the age 67.
The applicant will be unable to obtain 20 years of satisfactory
service for a Reserve Retirement by age 67. Therefore, in the absence
of evidence to the contrary, we find no compelling basis 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 Docket Number BC-2004-
03718 in Executive Session on 8 February 2005, under the provisions of
AFI 36-2603:
Ms. B. J. White-Olson, Vice Chair
Mrs. Barbara R. Murray, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Oct 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 16 Dec 04, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 29 Dec 04.
B. J. WHITE-OLSON
Panel Chair
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