RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04528 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He receive constructive credited of 20 service points so he 
qualifies to apply for a Reserve retirement. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was unjustly denied a Reserve retirement due to an Air Force 
error. AFPC/DPS told him incorrectly he had qualified for a 
Reserve retirement as of 15 Nov 09. When he separated on 
15 Nov 11, he did not receive separation pay. However, when he 
applied for his retirement, he was then told he was actually 
21 points short of qualifying for a Reserve retirement. He 
contacted the Air Force Reserve Center (AFRC) on several 
occasions in an attempt to serve additional time, but was not 
successful even though he had completed over 19 years of 
satisfactory service toward a Reserve retirement. During his 
career, he deployed twice to Iraq, to Bosnia Herzegovina, the 
United Arab Emirates, Israel, Oman, and numerous trips to 
Afghanistan and Djibuti, and feels he earned the retirement 
benefits denied him by this error. 

 

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

 

_________________ ______________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant initially entered the Air Force on 31 Oct 91 as a 
Chaplain, and served in the Guam Air National Guard. 

 

On 16 Jan 99, he was activated and served on active duty in the 
Regular Air Force with a Reserve commission. 

 

In accordance with the Deputy Secretary of Defense Memorandum, Implementing Guidance: Transition of the Active Duty List (ADL) 
Officer Force to All-Regular Status, dated 28 Jan 05, all 
officers on the ADL were transitioned to Regular if not already 


a Regular officer. Therefore, the applicant was tendered a 
regular commission. 

 

Per 10 United States Code (U.S.C) §1251 Regular officers are 
eligible for an active duty retirement on the first day of the 
month following the month in which the officer attains age 62, 
regardless of whether or not the officer had less than 20 years 
of Total Active Federal Military Service (TAFMS). 

 

On 15 Nov 11, he was discharged from active duty with over 
19 years of satisfactory service after being twice passed over 
to the grade of Major and then being authorized to extend on 
active duty through the age of 62. 

 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility (OPR) which is included at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPTT recommends denial, indicating there is no evidence of 
an error or injustice. The applicant is not eligible for a 
Reserve retirement. In order to establish eligibility for 
Reserve Retirement under the provision of Title 10 U.S.C, 
Section 12731, a member must complete 20 years of satisfactory 
service. A review of the applicant’s record indicates he was 
separated from active duty then transferred to the Non-
obligated, Non-participating Ready Personnel Section (NNRPS) on 
16 Nov 11 and has not participated since that date. The 
applicant submitted documentation showing he was told by 
AFPC/DPS that he was eligible for a Reserve retirement as of his 
60th birthday, 15 Nov 09. However, on his 60th birthday, the 
applicant only had 17 years of satisfactory service. When he 
transferred to the NNRPS, the applicant had only 19 years of 
satisfactory service. He needs another good year of service in 
order to qualify for a Reserve retirement. Concerning the 
applicant’s contention that his R/R date was changed, the date 
was changed from 13 Apr 91 to 31 Oct 91 to comply with AFM 36-
8001. If a member was assigned between 1 Jul 49 and 30 Sep 95, 
the R/R date begins the date the member is placed on active 
Reserve status. The applicant first entered active Reserve 
status on 31 Oct 91, so that date established his R/R year. 
With the exception of Retirement Year Ending (RYE) 20 Oct 98, 
the year he did not participate for pay or points, all of his 
service is creditable toward a Non-Regular retirement. 

 

A complete copy of the ARPC/DPTT evaluation, with attachment, is 
at Exhibit C. 

 

________________________________________________________________ 

 

 


APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 10 Dec 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 an injustice. We took notice of 
the applicant's complete submission in judging the merits of the 
case. While the Board notes the comments of ARPC/DPTT that the 
applicant is not eligible for a Reserve retirement under 10 
U.S.C. §12731, the Board finds the applicant has submitted 
sufficient documentation to establish an error or injustice. 
Given that the applicant was a Regular officer by virtue of the 
Deputy Secretary of Defense guidance converting all officer on 
the ADL to Regular status beginning in 2005, and he served on 
active duty until his 62nd birthday, the applicant qualifies for 
an active duty retirement under 10 U.S.C, §1251. Therefore, we 
recommend the applicant’s record be corrected as 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 that he was 
not released from active duty on 15 November 2011, but on that 
date he continued on active duty until 30 November 2011, at 
which time he qualified for an active duty retirement, effective 
1 December 2011, under 10 U.S.C. §1251. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-04528 in Executive Session on 25 Jun 13, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

 


All members voted to correct the records as recommended. The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-04528 was considered: 

 

 Exhibit A. DD Form 149, dated 10 Sep 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, ARPC/DPTT, dated 28 Nov 12, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 10 Dec 12. 

 

 

 

 

 

 Panel Chair