RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02092
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His retirement date be changed to 1 Jun 12 rather than 1 Jun 11.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 6 Feb 12, he was notified that he was officially retired
effective 1 Jun 11. Although, he was listed as an active
Reservist in the Defense Enrollment Eligibility Reporting System
(DEERS), the back dating of his retirement date has made him
liable for benefits he received between his retirement date and
the date of the retirement order.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 20 Aug 10, the applicant was notified of his second
nonselection for promotion to the grade of major (O-4) and that
he was being retained to complete 20 years of satisfactory
service, or until 1 Mar 13, whichever is earlier.
On 6 Feb 12, the applicant was assigned to the retired reserve
section, effective 1 Jun 11.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPT recommends denial indicating there is no evidence of an
error or injustice. The applicant was notified in Aug 10 that he
had been twice deferred for promotion and incurred a mandatory
separation date (MSD) of 1 Mar 11. However, since he had
19 years of satisfactory service, he was eligible to be placed
into sanctuary to earn 20 years of satisfactory service for
retirement, and that he would be retired as soon as he earned 20
years of satisfactory service.
The Reserve Separations Branch maintains a Sanctuary Roster on
service members and every month a points SURF is reviewed on
each individual to see if they have earned the required points
to give them their 20 years of satisfactory service. The
applicant would have made his 20 years on his
Retention/Retirement (R/R) in Jun 11. However, after 60
days, no points had been posted for his R/R year. Separations
continued to monitor his points, and in Dec 11, points were
posted and credited for his R/R year ending Jun 11, giving him
his 20 years of satisfactory service.
The law states in part, the service member may not be discharged
or transferred from an active status without his consent before
the earlier of the following dates 1) the date on which he is
entitled to be credited with 20 years of service or, 2) the
second anniversary of the date on which he would otherwise be
discharged or transferred from an active status.
The complete ARPC/DPT 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 27 Jun 12 for review and comment within 30 days (Exhibit D).
As of this date, this office has received no response.
_________________________________________________________________
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 an injustice. The applicant
contends that his retirement orders were published over six
months after the effective date of his retirement and the delay
caused him to be the victim of an injustice. After a thorough
review of the evidence of record and the applicants complete
submission, we agree. We note the comments of the Air Force
office of primary responsibility indicating that even though he
was not credited for all of his reserve service until six months
after his retirement/retention (R/R) year closing 31 May 11, his
retirement date of 1 Jun 11 was appropriately established based
on his attainment of 20 years of reserve service as of the close-
out of his R/R year; however, in our view, said delay was through
no fault of the applicant and the fact that his retirement date
was established six months after the fact, although correctly
established, caused him to be financially liable for certain
benefits he availed himself of during the intervening period.
While we note the applicant is requesting that his records be
corrected to reflect the effective date of his retirement is
1 Jun 12, rather than 1 Jun 11; however, in our view, his
transfer to the retired reserve should instead be effective the
date of his retirement order. In our view, this represents full
and fitting relief. Therefore, we recommend the applicants
records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show he was transferred
to the retired reserve on 6 Feb 12, rather than 1 Jun 11.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02092 in Executive Session on 20 Feb 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, 18 May 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPT, dated 25 Jun 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 27 Jun 12.
Panel Chair
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