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AF | BCMR | CY2012 | BC-2012-03830
Original file (BC-2012-03830.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-03830
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His Reserve retired pay be based on 38 years, 3 months and 
27 days of service rather than 16.48 years of service.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

Reducing Guard and Reserve service years to active duty 
equivalent years is unjust.  The active duty equivalent years 
implies that the sacrifices made by Guard and Reserve forces for 
the defense of the United States are somehow less significant 
than those made by active duty forces.  Retirement should be 
based upon meeting at least 20 years of service.  Benefits and 
pay upon retirement from the armed forces should be granted 
equally for retirees.

In support of the applicant’s appeal, he submits a personal 
statement and documents extracted from his military personnel 
records.

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

________________________________________________________________
_

STATEMENT OF FACTS:

Reserve Order EL-4243 reflects the applicant retired on 9 
January 2010 in the grade of captain with 22 years, 3 months and 
27 days of service for basic pay and 16.48 years of service per 
Title 10 U.S.C. Section 12733.

Section 12731 establishes the requirements for Reserve retired 
pay (i.e. 20 years satisfactory service, age 60, etc.). 

12731(a)(3) requires members who completed 20 years of 
satisfactory service prior to 5 October 1994 to also have 
completed the last 8 years of qualifying service in a Reserve 
component.

12731(a)(3) requires members who completed 20 years of 
satisfactory service between 5 October 1994 and 24 April 2005 to 
also have completed the last 6 years of qualifying service in a 
Reserve component.

Section 12733 establishes how to compute service when computing 
Reserve retired pay (the formula is retirement points divided by 
360).

________________________________________________________________
_

AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  DPTT states a review of the 
applicant’s military record indicates he was transferred to a 
Reserve retired pay status under the provisions of Title 10, 
U.S.C., Section 12731 on 9 January 2010, his 60th birthday.  He 
completed 22 years, 3 months, and 27 days of honorable federal 
service as of 13 May 1994, the date of his discharge from the 
USAFR.  The applicant’s retired pay is based on his service 
calculated under the provisions of Title 10, U.S.C., Section 
12733.  His 12733 service, 16.48 years, calculated as retirement 
points divided by 360 (5932/360), is correctly reflected on 
Reserve Order (RO) EL-4243, 5 July 2012.

The complete DPTT evaluation is at Exhibit B.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states his records indicate he received a general 
(under honorable conditions) discharge on 13 May 1994 and was 
not transferred to the retired Reserve.

The circumstances set forth in his discharge process were that 
he did not have eight years in a reserve component and not 
eligible for transfer to the retired reserve on 13 May 1994.  
The 8 years in a reserve component framework became outdated and 
was removed as a bar to his retirement approved by the Air 
Reserve Personnel Center on 19 June 2012, retroactive to 9 
January 2012.  This administrative action was a retirement by 
order dated 5 July 2012 and not a transfer to retired pay 
status.

His discharge led to a complete bar to all benefits between 
13 May 1994 and 9 January 2010.  Granting the years between 
13 May 1994 and 9 January 2010 toward retirement would be the 
appropriate thing to do.

The active duty equivalency standard used to calculate Reserve 
and or Guard retired pay is unjust.

His actual satisfactory service computes to 21 years, 3 months 
and 27 days.  Longevity service for basic pay has been 
calculated at 22 years, 3 months and 27 days.  The active duty 
equivalency standard reduced the calculation for retirement to 
16.48 years.  Retired pay under the active duty equivalency 
standard has unjustly and significantly reduced retired pay in 
his case and in the case of Reserve and or Guard forces as well.

Reserve and or Guard retired pay should be based on the years 
actually served just as active duty members.

The applicant’s response, with attachments, is at 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 an injustice.  The 
applicant's complete submission was thoroughly reviewed and his 
contentions were duly noted.  However, we do not find the 
applicant’s assertions and the documentation presented in 
support of his appeal sufficiently persuasive to override the 
rationale provided by the Air Force office of primary 
responsibility (OPR).  No evidence has been presented which has 
shown he was not properly retired under the governing statute.   
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 an 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-2012-03830 in Executive Session on 15 October 2013, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 20 August 2012, w/atchs.
  Exhibit B.  Letter, ARPC/DPTT, dated 1 October 2012, w/atchs.
  Exhibit C.  Letter, SAF/MRBR, dated 10 October 2012.
  Exhibit D.  Letter, Applicant, dated 21 October 2012, w/atchs.




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