DOCKET NUMBER: BC-2012-01342
COUNSEL: NONE
HEARING DESIRED: YES
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be credited with retirement points based on his mandatory
separation date (MSD) of 31 Jan 13.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He would like his MSD extended to allow him the ability to
accrue service credit and points from 1 Sep 11 thru 31 Jan 13,
his MSD.
In accordance with the Fiscal Year 2007 National Defense
Authorization Act (FY07 NDAA), his MSD was extended to the last
day of the month in which he turns 62 years of age. However,
the NDAA did not waive the requirement of Title 10, Section
12308, which states that individuals may, with concurrence of
the Service Secretary concerned, be allowed to accrue service
credit and points beyond age 60.
In support of his appeal, the applicant provides a personal
statement; a copy of his MSD waiver package, and the disapproval
document from Secretary of the Air Force Personnel Council
(SAFPC).
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant’s MSD was 13 Jan 11, the date he turned age 60.
Subsequently, under the provisions of the FY07 NDAA, the
applicant’s MSD was changed to 31 Jan 13; based on this
provision commissioned officers are allowed to serve up to age
62 or maximum time-in-service (TIS) whichever is earlier.
The applicant requested a waiver of Title 10 USC 12308 during
his initial Active Guard Reserve (AGR) tour as Reserve Advisor
to the Commander, Pacific Command (PACOM/CC) and the Commander
of the Air Force Reserve Command (AFRC/CC) submitted a waiver
request to the Secretary of the Air Force Personnel Council
(SAFPC), which was approved for service credit through
31 Aug 11.
He was then reassigned to the position of Reserve Advisor to the
Commander, Pacific Air Forces (PACAF/CC) and the AFRC/CC
requested a waiver of this title/section, to allow him to serve
up to his MSD, 31 Jan 13. However, SAFPC disapproved this
request.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFRC/A1L recommends relief be granted. They note the
justification submitted by the applicant for this additional
waiver fully supports the request, as evidenced by the case file
and recommendation from the Commander, Air Force Reserve
Command. He recommended the applicant’s request to be allowed
to accrue service credit and points from 1 Sep 11 through 31 Jan
13 be approved.
The complete AFRC/A1L evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 May 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 timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action. Based on the provisions of Title 10, USC
12308, Air Reserve Component (ARC) members must request a waiver
from the Secretary of the Air Force to be credited for service
toward retirement beyond age 60. In this case, the applicant
had requested a waiver through SAFPC to have his MSD extended to
31 Aug 11 and his request was approved. Based on his new
assignment with PACAF/CC, the AFRC/CC requested a waiver of
Title 10 Section 12308 to grant the applicant service credit
until 31 Jan 13; however, his request was disapproved by SAFPC.
Nonetheless, we agree with AFRC/A1L that based on the
justification provided for the additional waiver and the
recommendation from the AFRC/CC, we conclude the applicant’s
request to be allowed to accrue service credit and points from
2
1 Sept 11 through 31 Jan 13 should be approved. Therefore, in
the interest of justice, we recommend the applicant’s record be
corrected to as indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that, on
28 October 2011, under the provisions of Title 10 12308, his
request for retention until 31 January 2013 was approved by
competent authority, to allow him to receive credit for service
and points accrued from 1 September 2011 until his mandatory
separation date of 31 January 2013.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01342 in Executive Session on 13 September 2012,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Mar 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/A1L, dated 17 May 12.
Exhibit D. Letter, SAF/MRBR, dated 24 May 12.
Panel Chair
3
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