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.
________________________________________________________________
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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 applicants 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.
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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).
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AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states a review of the
applicants 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 applicants 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.
________________________________________________________________
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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 applicants response, with attachments, is at Exhibit D.
________________________________________________________________
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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
applicants 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.
________________________________________________________________
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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.
________________________________________________________________
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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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