RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03756
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His status be changed from discharged to being placed in the
Retired Reserve.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Due to base realignment and closure (BRAC), he was unable to
accomplish his retirement paperwork, and was not afforded any
counseling or out-briefing.
He would like the opportunity to properly end his career.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was a former Individual Mobilization Augmentee
(IMA) and was relieved from his assignment on 17 Nov 08 and
transferred to the Non-Participating Ready Reserve Section
(NNRPS). He remained in a non-participating status until he was
discharged on 6 Jan 10, at his Expiration Term of Service (ETS).
He completed the service requirements for Reserve retired pay
under the provisions of Title 10, United States Code (10 U.S.C.),
Section 12731.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states that in order to
transfer to the Retired Reserve, a member must complete a
retirement application and submit it to ARPC for approval and
processing. ARPC has no record of receiving a retirement
application from the applicant. In the past, the Air Force
Reserve allowed Reservists who voluntarily resigned or separated
after completing 20 satisfactory years to apply for reappointment
reenlistment for the sole purpose of transferring to the Retired
Reserve.
In Jun 93, The Office of the Assistant Secretary of Defense for
Reserve Affairs challenged this practice; the Air Force Reserve
concurred and the policy was discontinued. Therefore, once
members are discharged and become former members, they are not
allowed to be reappointed or enlist solely for retirement
purposes. Since the applicant was discharged in 2010, he is not
eligible to enlist for transfer to the Retired Reserve.
DPTT states that the applicant completed the service requirements
for Reserve retired pay under the provisions of Title 10, United
States Code (10 U.S.C.), Section 12731, and was issued the
official Notification of Eligibility for Retired Pay at age
60 letter on 9 Apr 04. The applicant is eligible to receive
Reserve retired pay effective on 17 Jun 24, his 60th birthday.
By law, 10 U.S.C., Section 12738, once the official notification
is issued, Reserve retired pay eligibility cannot be revoked or
denied; the entitlement remains in effect even if the member is
discharged.
DPTT further states that on the day the applicant enlisted, he
knew when his ETS would expire. The applicant did not submit a
retirement application prior to his discharge in 2010. Further,
even though the applicant was discharged, he retains his
eligibility for Reserve retired pay and all benefits associated
with retired pay upon application at age 60. He is also eligible
for an Identification Card now which entitles him access to
commissary and Exchange facilities, as well as other base
privileges.
The complete DPTT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 9 Oct 12, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days (Exhibit C).
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. Insufficient relevant evidence has been presented to
demonstrate the existence of 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 the
rationale expressed 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 Docket Number
BC-2012-03756 in Executive Session on 9 May 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence considered:
Exhibit A. DD Form 149, dated 16 Aug 12, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 3 Oct 12.
Exhibit C. Letter, SAF/MRBR, dated 9 Oct 12.
Panel Chair
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