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AF | BCMR | CY2011 | BC-2011-04365
Original file (BC-2011-04365.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04365 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His official records be corrected to change his status from 
separated to retired. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

In May 92, he accepted a separation bonus being offered by the 
Air Force. He started terminal leave in Jul 92, and completed 
his final out processing in Sep 92. Prior to his separation 
date, the Air Force offered an early retirement program for 
members who had served on active duty for over fifteen years, 
but he was not made aware of the program. Had he known about 
the program in 1992, he would have chosen to retire rather than 
separate. 

 

In support of his appeal, the applicant provides copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, and documentation related to his discharge. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant entered active duty on 21 Oct 75. 

 

On 28 Mar 91, he received non-judicial punishment under Article 
15 of the Uniform Code of Military Justice (UCMJ), for: “You 
were, at NAS Keflavik, Iceland, on or about 15 March 1991, drunk 
and disorderly.” He received a reduction in rank to staff 
sergeant, suspended until 27 Sep 91, at which time it was to be 
remitted without further action, forfeiture of $500.00 per month 
for two months, and a referral EPR. 

 

He applied for a separation bonus, and was approved to receive 
$52,569. On 29 Sep 92, he received his lump sum bonus, was 


furnished an Honorable discharge, and was credited with 
16 years, 7 months, and 15 days of active service. 

 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility (OPR) which is included at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSOR recommends denial, indicating there is no evidence 
of an error or injustice. In the National Defense Authorization 
Act for Fiscal Year 1992 (FY92NDAA), Congress enacted the 
Temporary Early Retirement Authority (TERA) which gave the 
Secretary of Defense authority to allow the Service Secretaries 
to permit early retirement for selected military members with 
more than 15 but less than 20 years of service who agree to 
register for employment in public or community service 
organizations. The Secretary of the Air Force first implemented 
the use of TERA on 8 Jun 94, almost two years after the 
applicant was released from active duty on 29 Sep 92. 
Therefore, the applicant was not eligible to request retirement 
under TERA on 29 Sep 92. Further, his request is not timely, 
having been submitted more than 19 years after the alleged error 
or injustice. 

 

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 10 Feb 12 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 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 an 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 
(OPR) and adopt its rationale as the basis for our conclusion 


the applicant has not been the victim of an error of injustice. 
Therefore, 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 the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2011-04365 in Executive Session on 24 May 12, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 1 Nov 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSOR, dated 11 Jan 12. 

 Exhibit D. Letter, SAF/MRBR, dated 10 Feb 12. 

 

 

 

 

 

 Panel Chair 



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