RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00202
INDEX CODE: 108.00
XXXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reserve retirement effective date be changed from 6 June
2009 to 7 June 2009.
________________________________________________________________
APPLICANT CONTENDS THAT:
He mistakenly input the wrong date in the Virtual Personnel
Center (vPC-GR) system and would like it corrected. He attended
Unit Training Assembly on 5-7 June 2009. In fact, his
retirement ceremony was held on 7 June 2009.
In support of his appeal, the applicant provides a personal
letter, a letter from his Senator, and copies of his Air
National Guard Retirement orders, and National Guard Bureau Form
22EF, Report of Separation and Record of Service.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air National Guard effective
6 June 2009 in the grade of lieutenant colonel (O-5). He served
34 years, 9 months, and 3 days of satisfactory Federal service
for retired pay purposes.
The remaining relevant facts, extracted from the applicants
military service records, are contained in the Air Force
evaluation at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states that in order to apply
for transfer to the Retired Reserve, an eligible member must
apply online through the vPC-GR system. The member inputs the
date he or she desires to retire and the application is routed
through his/her commanders to the Air Reserve Personnel Center
(ARPC) for approval and processing. The retirement date can be
changed any time prior to the retirement effective date. After
the retirement date, the date cannot be changed without approval
of the Secretary of the Air Force (SECAF) per Air Force
Instruction 36-3209, paragraph 5.11.3.
DPP indicates a review of the applicants military record
reveals he transferred to the Retired Reserve effective 6 June
2009. He completed a retirement application online through the
vPC-GR, on 6 December 2008, requesting a retirement effective
date of 6 June 2009. The application was properly routed
through his commanders. Both commanders recommended approval of
the retirement, as well as the 6 June 2009 effective date. The
application was received by ARPC on 11 December 2008. The ARPC
Retirement Branch approved the retirement on 12 December 2008
and forwarded it for final processing the same day. The
retirement order was published on 15 December 2008 and sent to
the applicant on 24 December 2008. They have no record of the
applicant calling prior to his retirement date of 6 June 2009 to
request a date change. He did call on 9 June 2009 to request
his retirement effective date be changed to 7 June 2009. He
claimed he participated on 6 June 2009 and needed to change his
date of retirement. He was advised his retirement effective
date could not be changed without approval from SECAF.
DPP states the applicants claim of serving until 7 June 2009
cannot be verified. According to their data system, his last
day of participation was on 5 June 2009. His retirement was
properly processed in accordance with Air Force Reserve policy.
He had sufficient time from receipt of his retirement order to
his actual retirement effective date to request a change to the
date. He elected not to request a date change until after his
retirement date.
The complete DPP evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He did not realize that correcting his retirement date would be
a problem until he tried to do it after he retired. He would be
happy to help verify his dates.
The applicants complete rebuttal 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 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 its
rationale as the basis for our conclusion the applicant has not
been the victim of an error or injustice. If the applicant were
to provide sufficient evidence confirming his contention that he
was retired effective 7 June 2009 rather than 6 June 2009 the
Board would reconsider his request. However, in the absence of
evidence to the contrary, we find no 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-2010-00202 in Executive Session on 18 November 2010,
under the provisions of AFI 36-2603:
XXXXXXXXXXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXXXXXXXX, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00202 was considered:
Exhibit A. DD Form 149, dated 12 Jan 10, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 27 Apr 10.
Exhibit C. Letter, SAF/MRBR, dated 4 Jun 10.
Exhibit D. Letter, Applicant, dated 22 Jun 10.
XXXXXXXXXXXXXXXXXXX
Panel Chair
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