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 applicants 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 applicants 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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