RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04459 

 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He receive credit for early retired pay under the provisions of 
Title 10, United States Code (USC), Section 12731, for orders 
that cite Title 10, USC, Sections 502 and 502(f). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

During the last two years of his enlistment he worked about 400-
600 days on Title 10 and Title 32-502-F orders which should have 
qualified him for the Early Retirement Program. 

 

In support of his request, the applicant provides copies of 
documents extracted from his military personnel records and a 
memorandum from NGB/CF and an email communiqué. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former Air National Guard member who was 
transferred to the Reserve Retired List on 30 Sep 09. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force (Exhibit C). 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ ARPC/DPTTRB recommends denial noting the applicant's active 
duty orders in 2008 and 2009 that cite Title 10, USC, Sections 
502 and 502(f) provide no indication that the applicant’s service 
was in response to a national emergency as declared by the 
President or a national emergency supported by Federal funds, and 


would therefore not qualify to reduce his Reserve retirement 
eligibility age. 

 

The 2008 National Defense Authorization Act, PL 110-181, amended 
Title 10, USC, Section 12731 to allow a service member to reduce 
their Reserve retirement eligibility age from 60 years old down 
to a minimum of 50 years old by three months for each aggregate 
of 90 days of qualifying service that was performed under the 
provision of Title 10, USC, Section 12731 (f) since 28 Jan 08. 

 

Qualifying service includes a call to active service authorized 
by the President or the Secretary of Defense under section 502(f) 
of Title 32 for purposes of responding to a national emergency 
declared by the President or supported by Federal funds. DoDI 
1215.07, Service Credit for Retirement, para 6.5.2.3, clarifies 
that national emergency modifies the phrase "or supported by 
Federal funds" as well as "declared by the President…". Thus, 
qualifying service under Title 10, USC, Section 12731 
(f)(2)(B)(ii) is service in response to a national emergency as 
declared by the President or a national emergency supported by 
Federal funds. Also, DoDI 1215.07, paragraph 6.5.2.4 states that 
the orders issued to members of the National Guard for service 
under section 502(f) of reference (f) shall cite the 
circumstances calling for the service, as appropriate, as listed 
in subparagraph 6.5.2. 

 

The HQ AFRC/DPTTRB complete evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He believes the issue with his orders are that the program came 
into effect after the orders were issued and there was no real 
direction on how orders had to be written to cover a program that 
didn't even exist at the time. The type of orders in question 
(Temporary Active Guard Reserve (AGR)) would print the default 
setting unless the system was specifically told to print 
something different. 

 

He further points out that there was no guidance available at the 
time to establish any qualification criteria. When he first 
applied for this program he was told that the Temporary AGR 
orders did not count because the Temporary AGR time would apply 
to an active duty retirement. Since he is a part timer he is not 
eligible for an active duty retirement under the AGR Program. 

 

Operation Noble Eagle has been in effect since 9/11 and all extra 
manning and support should be covered under Operation Noble Eagle 
as a National Emergency declared by The President or as an 
operation supported by federal funds regardless of what his 
orders state. 

 

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

 

_________________________________________________________________ 

 

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 an injustice. The 
applicant's complete submission, to include his rebuttal and the 
Security Forces Manager statement, was thoroughly reviewed and 
his contentions were duly noted. However, we do not find the 
applicant’s assertions or the documentation presented in support 
of his appeal sufficient to overcome the rationale provided by 
the Air Force office of primary responsibility (OPR) and adopt 
its rationale as the basis for our decision the applicant has 
been the victim of an error or injustice. In our view the orders 
provided by the applicant do not meet the criteria for credit 
prescribed in Title 10, USC, Section 12731. While the applicant 
contends the orders were published in such a way as to obscure 
the fact the duty he performed should qualify, we find the 
evidence provided insufficient to make this conclusion. 
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-2011-04459 in Executive Session on 26 Jun 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-04459 was considered: 

 

 Exhibit A. DD Form 149, dated 2 Nov 11, w/atchs. 

 Exhibit B. Applicant’s Military Personnel Records. 

 Exhibit C. HQ ARPC/DPTTRB, dated 30 Dec 11. 

 Exhibit D. Letter, SAF/MRBR, dated 6 Jan 12, w/atch. 

 Exhibit E. Letter, Applicant, undated, w/atch. 

 

 

 

 

 

 Panel Chair