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AF | BCMR | CY2012 | BC-2012-05199
Original file (BC-2012-05199.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05199

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His AF Form 2652, Retirement Special Order – Service Age, be corrected to reflect his retired date as 1 April 1986.  

________________________________________________________________

APPLICANT CONTENDS THAT:

While his DD Form 214, Certificate of Release or Discharge from Active Duty, correctly reflects his separation date as 31 March 1986; his retirement order erroneously indicates his retirement date as 1 March 1986.  

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 10 February 1960.  

On 17 June 1983, an AF Form 1411, Extension or Cancellation of Enlistment in the Regular Air Force/Air Force Reserve, was approved which extended the applicant’s date of separation from 13 October 1985 until 13 March 1986.  

On 18 November 1985, an AF Form 2652 was initiated that indicated the applicant was relieved from active duty on 28 February 1986, with a retirement date of 1 March 1986.  He was credited with 26 years and 21 days of active service for retirement.  However, the applicant’s DD Form 214 reflects that he was released from active duty on 31 March 1986. 

The applicant was issued a Certificate of Retirement, which indicated he was retired from the United States Air Force, effective 1 April 1986.  

On 9 April 1986, an AF Form 330, Records Transmittal/Request, was initiated that indicated the applicant’s date of separation as 1 April 1986.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial, indicating that while the applicant claims that his retirement order is in error, his DD Form 214 and retirement certificate are actually in error.  In accordance with the Military Personnel Data System (MilPDS) and Defense Finance and Accounting Service (DFAS), the applicant’s retirement date is 1 March 1986.  The applicant is coded in MilPDS as retiring at his High Year of Tenure (HYT).  In this case, the applicant came on active duty 10 February 1960 and his HYT was 10 February 1986.  As a master sergeant (E-7), he met his HYT when he reached 26 years of active military service.  His retirement order indicates he completed 26 years and 21 days of service as of 1 March 1986, which is indicative of a HYT retirement.  In addition, the applicant extended his enlistment of service until 13 March 1986 to reach his HYT.  The applicant’s 13 March 1986 date of separation (DOS) allowed the required time to retire as of 1 March 1986.  However, his DOS would not have been sufficient for a retirement date of 1 April 1986.  There is no further documentation to indicate the applicant executed another extension or waiver beyond 13 March 1986.  

A complete copy of the AFPC/DPSOR 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 14 April 2013, 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 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 injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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 material 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-2012-05199 in Executive Session on 20 August 2013, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 3 November 2012, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOR, dated 1 April 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 14 April 2013.




                                   
                                   Panel Chair



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