RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04353 

 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His Reserve Retirement effective 12 Apr 11 be voided and he 
receive a disability retirement effective 14 Apr 11. 

 

2. He receive a copy of his DD Form 214, Certificate of Release 
or Discharge from Active Duty, reflecting his discharge from the 
Air National Guard (ANG). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He should have been medically retired effective 14 Apr 11. He 
was honorably discharged from the California Air National Guard 
(CA ANG) on 12 Apr 11 and transferred to the Retired Reserve 
effective 13 Apr 11. He also received orders reflecting that he 
was relieved from active duty and permanently disability retired 
with a compensable rating of 20 percent. 

 

He believes his Reserve Retirement order, Reserve Order EL-2595, 
should be rescinded and reaccomplished as a disability 
retirement effective 14 Apr 11. 

 

In support of his appeal, the applicant provides email 
correspondence regarding his retirement; copies of his Reserve 
Retirement order; disability retirement order, and his Active 
Guard Reserve (AGR) order. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Based on the available records, the applicant completed his 
final AGR tour with the CA ANG, in the grade of master sergeant. 

 

On 4 Feb 11, the CA ANG published discharge orders on the 
applicant relieving him of his assignment effective 12 Apr 11 
and transferred him to the Retired Reserve effective 13 Apr 11. 
On 6 Apr 11, the Air Reserve Personnel Center (ARPC) published 


orders placing himon the United States Air Force (USAF) Retired 
List, with authorization for retired pay, effective 13 Apr 11, 
his 60thbirthday. He was credited with 39years, 10 months, and26 days of service for basic pay.

On 16 Jun 11, Special Order (SO) ACD-02502, relieved the 
applicantfrom active duty, effective 23 Aug 11, retiring the 
applicant with a compensable disability rating of 20 percent, 
effective 24Aug11. On 7 Jul 11, SO ACD-02502 was revoked.

THE AIR FORCE EVALUATION:

NGB/A1PS recommends correctingthe applicant’s record to reflecta disability retirement, effective 14 Apr 11. 

SGPA notes the applicant’s medical record reflects his MedicalEvaluation Board (MEB) findings and recommendation for 
retirement under provisions of Title 10,United States Code 
(USC) 1201, Retirement: Disability, Permanent. Thealsorecommended his 12 Apr 11 retirement be rescindedand re-
accomplished as a disability retirement effective 14 Apr 11.

The complete NGB/A1PSevaluation, with attachment,is atExhibitC.

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

The applicant indicates that he disagrees with a decision to 
leave his record uncorrected. He notes that he did request a 
waiver to extend his mandatory separation date (MSD)in order to 
continue the MEB processand his request was endorsed by his 
group and wing commander.

The applicant’s complete response, with attachments,is at 
Exhibit E.

THE BOARD CONCLUDES THAT:

1.The applicant has exhausted all remedies provided byexisting law or regulations.
2.The application was timely filed.
3.Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
corrective action. After careful consideration of theapplicant’s request and available evidence submitted in supportof his appeal, we believethe applicant’s 12 Apr 11 retirement 
2


should be rescinded and reaccomplished as a disability 
retirement effective 14 Sep 11. In this respect we note that 
offices within the Secretary of the Air Force approved the 
members disability retirement on 14 Apr 11 and an order was 
published to effect his retirement; however, the order was 
subsequently revoked because the applicant had previously 
requested retirement at age 60, effective 13 Apr 11. While the 
evidence of record reflects the applicant applied and was 
approved for retirement effective 13 Apr 11, a dual-action 
process had been started and the applicant was approved for 
disability retirement with a compensable rating of 20 percent, 
effective 14 Apr 11. Therefore, his retirement orders 
transferring him to the Reserve Retired List should be revoked. 
In addition, regarding the applicant’s request for a 
DD Form 214, we note the applicant was on an AGR tour prior to 
his original separation, therefore, we recommend based on the 
changes surrounding the applicant’s discharge and retirement, a 
DD Form 214 be accomplished to effect his separation from active 
duty. In view of the above, we recommend the applicant’s record 
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: 

 

 a. On 13 April 2011, he was found unfit to perform the 
duties of his office, rank, grade or rating by reason of 
physical disability incurred while he was entitled to receive 
basic pay; that the diagnosis in his case was Bilateral Knee 
Pain Secondary to Gouty Arthritis VASRD Code 5017, rated at 
20 percent; that the disability was not due to intentional 
misconduct or willful neglect; that the disability was not 
incurred during a period of unauthorized absence; and that the 
disability was not received in the line of duty as a direct 
result of armed conflict or caused by an instrumentality of war. 

 

b. He was not relieved from active duty on 12 April 2011 
and placed on the United States Air Force Retired List on 
13 April 2011, but on that date he was relieved from active duty 
and on 14 April 2011 his name was placed on the Permanent 
Disability Retired List. 

 

 c. By competent authority, Reserve Order Number EL-2595, 
issued 6 April 2011, be revoked. 

 

 

 d. A DD Form 214, Certificate of Release or Discharge from 
Active Duty, be accomplished with a Date of Separation, 
effective 13 April 2011. 

 


 e. The election of Survivor Benefit Plan option will be 
corrected in accordance with the member's expressed preferences 
and/or as otherwise provided for by law or the Code of Federal 
Regulations. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-04353 in Executive Session on 25 July 2012, under 
the provisions of AFI 36-2603: 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-04353 was considered: 

 

 Exhibit A. DD Form 149, dated 19 Oct 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, NGB/A1PS, dated 21 Feb 12, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 20 Mar 12. 

 Exhibit E. Letter, Applicant, dated 4 Apr 12, w/atchs. 

 

 

 

 

 Panel Chair