RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01767
            INDEX CODE:  136.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  12 DEC 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to reflect she received an  early  retirement
under the provisions of Title 10, U.S.C.  Section,  12731a,  Temporary
Special Retirement Qualification Authority.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Although she met the requirements for early retirement as a result  of
the closure of her base  of  assignment,  she  was  not  afforded  the
opportunity to apply for early retirement with pay at the age of 60.

In  support  of  her  appeal,  the  applicant  provided  congressional
correspondence.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Available  documentation  indicates  the   applicant   was   honorably
discharged from the United States Air Force Reserve (USAFR)  on  1 Nov
97 in the grade of master sergeant.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/A1B recommends denial noting that Title 10, U.S.C. Section 12731a
entitled members with  more  than  15,  but  less  than  20  years  of
satisfactory service to receive an early retirement with pay at age 60
if they were unable to be retained in an active military status  based
on Base Realignment and Closure (BRAC) actions during the period of 23
Oct 92 through 31 Dec 01.  AFRC/AIB indicated that, in accordance with
the governing statute, the United States  Air  Force  Reserve  (USAFR)
afforded members priority placement to an  authorized  vacancy  within
commuting distance (within 100 miles or three hours commute from their
residence), if available.  Members that declined  placement  were  not
eligible for early retirement.  Early retirement was only afforded  to
members that the USAFR was unable to afford placement to an authorized
vacancy.

According to AFRC/A1B,  the  applicant  has  not  provided  sufficient
information to validate that she was eligible for early retirement  as
a result of not being afforded priority  placement  to  an  authorized
vacancy.  The applicant’s statement that she  asked  to  sign  up  for
early retirement but was told she “had not been identified as eligible
for early retirement” was  consistent  with  the  requirement  that  a
member is only eligible for early retirement  if  they  could  not  be
afforded priority placement.

A complete copy of the AFRC/A1B evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the  advisory  opinion  and  furnished  a  response
indicating that she did  not  say  she  had  not  been  identified  as
eligible for early retirement.  According to the  applicant,  she  was
informed that she was qualified but that her name had to be  submitted
formally  through  local  base  channels.   However,   the   personnel
responsible for submitting her name refused to do so.  She was advised
that they did not want to lose her Individual  Mobilization  Augmentee
(IMA) slot.  Further, the base had a policy that prohibited  her  from
performing duty at any other base in the area.  As  the  time  of  the
closure of her  base  of  assignment  was  approached,  it  created  a
hardship for her to perform her required days,  especially  since  she
had to move out of the area to take a job.  In  addition,  because  of
her circumstances,  she  was  prevented  from  being  able  to  retire
normally.

Applicant’s complete response is at Exhibit D.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   The  applicant's  complete
submission was thoroughly  reviewed  and  her  contentions  were  duly
noted.  However, we do not find  the  applicant’s  assertions  or  her
supporting  documentation  sufficiently  persuasive  to  override  the
rationale provided by the Air Force office of  primary  responsibility
(OPR).   Therefore,  in  the  absence  of  substantial  evidence   the
applicant was eligible for early retirement as a result of  not  being
afforded priority placement to  an  authorized  vacancy,  or  she  was
treated differently from others similarly situated, we agree with  the
recommendation of the OPR and adopt its rationale as the basis for our
decision that the applicant  has  failed  to  sustain  his  burden  of
establishing  he  has  suffered  either  an  error  or  an  injustice.
Accordingly, we find no compelling basis  to  recommend  granting  the
relief sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
2006-01767 in Executive Session on 27 Sep 06, under the provisions  of
AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Ms. Barbara R. Murray, Member
      Mr. John E. B. Smith, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Jun 06, w/atchs.
    Exhibit B.  Letter, AFRC/A1B, dated 21 Jul 06.
    Exhibit C.  Letter, SAF/MRBR, dated 28 Jul 06.
    Exhibit D.  Letter, applicant, dated 2 Aug 06.




                                   MARILYN M. THOMAS
                                   Vice Chair