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AF | BCMR | CY2012 | BC-2012-02092
Original file (BC-2012-02092.txt) Auto-classification: Approved
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 applicant’s 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 applicant’s 
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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