RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02152
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be transferred to the Retired Reserve awaiting retired pay at
age 60 rather than discharged.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She did not know that her honorable discharge was changed to
reflect she was discharged for administrative reasons. She
became eligible to retire in Apr 00 and thought she could apply
for her Gray Area retired reserve benefits. However, she was
not informed that her Gray Area benefits had been terminated.
In support of her request, the applicant provides a copy of her
Notification of Eligibility for Retired Pay card and letter,
excerpts from her medical records, and a printout from the
Military Personnel Data System (MilPDS).
Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Air Force Reserve (AFR) in the grade
of technical sergeant. The Notification of Eligibility for
Retired Pay at Age 60 and Audit of Retirement Points memorandum,
dated 13 Apr 00 stated that she completed the required years of
service under the provisions of Title 10, United States Code,
Section 12731, and she would be entitled to retired pay upon
application at age 60. The memorandum also stated that her
eligibility for retired pay would not be denied or revoked based
on any error, unless it resulted directly from fraud or
misrepresentation on her part.
Reserve Order A-30, dated 4 Nov 07, reflects the applicant was
honorably discharged in accordance with the governing regulation
with an effective date of 28 Sep 07.
The MilPDS printout provided by AFRC/A1K reflects the applicant
had 22 years, 11 months, and 29 days of satisfactory service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1K recommends denial. The applicant has not provided any
documentation to support her claim that she should not have been
discharged from the AFR, i.e., application for transfer to the
retired reserve by submitting AF Form 131, Application for
Transfer to the Retire Reserve. However, if the applicants
request is granted, she should be allowed to make application for
transfer to the retired reserve to be effective on or after
14 Jan 00.
The AFRC/A1K complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 29 Jul 11 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice. After reviewing the
documentation submitted, we believe the applicants request to
correct her records to show that she was transferred to the
Retired Reserve awaiting pay at age 60 rather than discharged,
should be granted. In this respect, we note that on 13 Apr 00,
she was notified of her eligibility for Retired pay at age 60;
however, she elected to continue to participate. We note the
applicant's account in this matter and do not believe she would
have deliberately failed to take the necessary actions to
transfer to the Retired Reserve and take advantage of the Gray
Area benefits i.e., continue to earn time towards longevity for
pay purposes, and commissary and base exchange privileges.
Therefore, we conclude applicant has demonstrated an error or
injustice and recommend her records be corrected as indicated
below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that she was not
discharged from the Air Force Reserve on 28 September 2007, but
on that date, she was relieved from her current assignment and
assigned to the Retired Reserve Section, and her name was placed
on the Retired Reserve List, eligible for retired pay at age 60
under the provisions of Title 10, USC, Section 12731.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02152 in Executive Session on 29 Nov 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Mar 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/A1K, dated 19 Jul 11.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 11.
Panel Chair
AF | BCMR | CY2013 | BC-2013-00072
Regarding the applicants request that she be given a 20 year active duty retirement with full retirement benefits, A1K states that her medical case which included the applicable documentation that ultimately led to a finding of ILOD was appropriately reviewed and a determination was made on that case by the PEB. The complete A1K evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant certainly...
AF | BCMR | CY2012 | BC-2012-03550
24 Sep 10, the applicant was found to have a medical condition that did not meet medical standards, placed on a code 37 profile, and restricted from participating in her reserve military duties for pay or points. The applicant was physically disqualified for continued military service in the Air Force Reserves. The evidence of record indicates applicant was physically disqualified for continued military service due to injuries she sustained in motor vehicle accident that were not in the...
AF | BCMR | CY2012 | BC-2012-03231
While she received orders for three of her TDYs related to her MEB processing, she traveled under the verbal orders of her commander to attend her last MEB appointment during the period 27 Mar 12 through 03 Apr 12, but has yet to receive TDY orders or travel reimbursement. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that during the...
AF | BCMR | CY2011 | BC-2011-00254
She be granted a medical evaluation board (MEB) and be retired for physical disability, instead of being voluntarily transferred to the Individual Ready Reserve (IRR), effective 6 Jun 09. ________________________________________________________________ APPLICANT CONTENDS THAT: She was forced to leave the Air Force Reserve due to her illnesses when she should have been recommended for an MEB due to her shoulder surgery and other medical conditions. While we do not find the evidence...
AF | BCMR | CY2010 | BC-2010-01576
Neither of these periods of time constitutes a break in service, based on applicable Air Force and DoD directives. A1K notes, IAW AFI 36-2604, Service Dates and Dates of Rank, para 4.6 and DoD Financial Management Regulation (DoDFMR) 7000.14-R, Military Pay Policy and Procedures Active Duty and Reserve Pay, an assignment to the Inactive Reserve or Retired Reserve is not considered a break in military service because the member is assigned to a military status and as such, is subject to...
AF | BCMR | CY2013 | BC 2012 05910
________________________________________________________________ THE AIR FORCE EVALUATION: AFRC/A1K recommends denial, stating that the applicant's transfer to the Reserve Retired List (awaiting pay at age 60) effective 1 Sep 04 resulted from him being found medically disqualified for continued military service based on a medical condition that was not service connected. He was later transferred from the Reserve Retired List to the USAF Retired List, effective 14 Nov 09 (age 60) which...
AF | BCMR | CY2013 | BC 2013 04052
He be credited with the time remaining to secure 20 years of active duty service and a Regular Air Force retirement, or he be recalled to active duty status to allow him to receive a Regular Air Force retirement. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Counsel notes that the applicant concurs with the recommendation to grant the requested relief and reaffirms the appropriate relief is to grant the applicant constructive service credit from the date of removal from active duty to the...
AF | BCMR | CY2013 | BC 2013 02153
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial, indicating there is no evidence of an error or injustice. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number...
AF | BCMR | CY2010 | BC-2010-04582
In support of her request, the applicant provides a copy of her involuntary demotion order, a copy of NRPCC 1070/124, Naval Reserve Personnel Center Annual Retirement Point Record, a copy of a letter from the Naval Reserve Force Commander, an excerpt from AFI 36-2503-, Administrative Demotion of Airmen, and copies of her LES. 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...
AF | BCMR | CY2010 | BC-2008-04519
SGP notes to be eligible for medical retirement, the applicant must have incurred or aggravated a disqualifying condition in the line of duty. A Line of Duty (LOD) determination was provided for the diagnosis of right acoustic neuroma; however, it was not processed beyond the medical reviewer and no final determination is provided. The complete A1K evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11...