RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02653
            INDEX CODE:  135.00, 136.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  27 FEB 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His retirement date of 1 Feb 05 be changed to 6 Feb 05, and that he
be credited and paid for his split-annual tour on 1 - 4 Feb 05, and
his Unit Training Assembly (UTA) tour on 5 – 6 Feb 05.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He performed the tours and  was  required  to  pay  out  of  pocket
expenses for lodging for those days due to  his  High  Year  Tenure
(HYT) date ending his orders.  Those days would have normally  been
reimbursed on his final voucher.

In support of his appeal, applicant submitted email  correspondence
from his commander and a lodging receipt.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Based on available records, applicant served  in  the  Regular  Air
Force from 19 Apr 72 – 12 Aug 80.  He was enlisted in the Air Force
Reserve on 13 Aug 80 and had honorable satisfactory  service  until
his retirement effective 1 Feb 05.

On 12 Aug 04, applicant requested to be transferred to the  Retired
Reserve requesting a retirement date of 1 Feb  05,  his  HYT  date.
Applicant’s orders were published on 19 Jan 05.

He  was  credited  with  32  years,  9  months,  and  13  days   of
satisfactory federal service, and  was  retired  in  the  grade  of
senior master sergeant.

Air Force Reserve members are not allowed to stay  past  their  HYT
date.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP reviewed this application and recommended denial.

They  provided  the  following  analysis   of   the   circumstances
surrounding the applicant’s case:

     a.  A  review  of  the  applicant’s  record  indicates  he  is
eligible for Reserve retired pay under the provisions of Title  10,
USC, Section 12731, effective on his 60th birthday,  10  Aug  2012.
He completed an AF  Form  131,  Application  for  Transfer  to  the
Retired Reserve on 12 Aug 04, requesting a 1 Feb 05 retirement, his
HYT date.  The applicant’s retirement order was published on 19 Jan
05 and mailed to him on 27 Jan 05.

     b.  On 3 Feb 05, the HQ ARPC Retirement  Division  received  a
call from the applicant’s military personnel flight (MPF) asking if
the retirement date could be changed.  HQ  ARPC/DPPR  informed  the
MPF the date could not be  changed  without  the  approval  of  the
Secretary of the Air Force (SAF).  The applicant was retired due to
maximum service for HYT.  Furthermore, the  applicant’s  Expiration
Term of Service (ETS) was 1 Feb 05.

     c.  On 4 Feb 05, another call was received from the MPF.   The
MPF asked to change the retirement date to 6 Feb 05, because it was
UTA weekend and the applicant wanted to  participate.   Again  they
were informed the retirement date could not be changed without  SAF
approval.  Applicant did not request to change the retirement  date
prior to the effective date as required by the AFI, and he did  not
have a waiver to stay past his HYT date.

A complete copy of the 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 23 Sep 05 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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.    Applicant
requests that his effective date  of  retirement  be  changed  from
1 Feb 05 to 6 Feb 05, and that he be credited  and  paid  for  duty
performed after his effective date of retirement.  We note that  on
12 Aug 04, he completed an AF Form 131, Application for Transfer to
the Retired Reserve, requesting a  1 Feb 05  retirement,  his  High
Year Tenure (HYT) date.  His  retirement  order  was  published  on
19 Jan 05 and mailed  to  him  on  27 Jan  05,  with  a  1  Feb  05
retirement  effective  date.   IAW  AFI  36-3209,  Separation   and
Retirement Procedures for Air National Guard and Air Force  Reserve
Members, enlisted members retired at HYT submit an application  for
transfer to  the  Retired  Reserve  60  to  90  days  before  their
retirement effective date.  After the effective date of retirement,
withdrawal, cancellation, or change of the effective date cannot be
accomplished  without  SAF  or   designated   approval   authority.
No further participation is authorized after the effective date  of
retirement.  After careful review  of  the  evidence  submitted  in
support of the applicant’s appeal, we found  no  evidence  that  he
requested a change to his retirement date prior to  the  1  Feb  05
effective date, or that he had an approved waiver  to  stay  beyond
his high year of tenure date.  Furthermore, given  the  applicant’s
number of years of service and his position  as  the  unit’s  First
Sergeant, we believe he had  a  responsibility  to  question  being
scheduled for duty subsequent to his effective date of  retirement.
We therefore agree with the opinion and recommendation of  the  Air
Reserve Personnel Center and adopt its rationale as the  basis  for
our conclusion that the applicant has not been  the  victim  of  an
error or injustice.  Based on the foregoing, and 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 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-2005-02653 in Executive Session on 10 November 2005,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Cheryl V. Jacobson, Member
      Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Aug 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPP, dated 19 Sep 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Sep 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair