RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05322

		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that on 31 Jul 07, he was 
released from active duty and retired in accordance with the 
provisions of 10 USC Section 1251, rather than being transferred 
to the Air Force Reserve.

________________________________________________________________

APPLICANT CONTENDS THAT:

On his 62nd birthday, 8 Dec 06, he was serving on active duty as 
a regular officer in the grade of lieutenant colonel and was 
involuntarily separated from active duty on 31 Jul 07 with less 
than 20 years of active service.  However, he should have 
qualified for a modified retirement in accordance with 10 USC 
Section 1251.  He has never been contacted by the Air Force 
regarding this matter and only heard of this through unofficial 
sources.

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

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STATEMENT OF FACTS:

The applicant’s military personnel records indicate that he 
commenced his service in the Regular Air Force on 27 Jun 69 and 
served on active duty until 28 Jun 72, when he was released from 
active duty in the grade of captain (O-3) at the expiration of 
his term of service and was credited with three years and two 
days of total active service.

On 22 May 02, the applicant was ordered to extended active duty 
(EAD) for a period of 31 months with a DOS of 21 Dec 04.  On 
25 Nov 03, the Secretary of the Air Force Personnel Council 
(SAFPC) approved a waiver to retain the applicant on active duty 
until 21 Dec 06.  In Sep 06, AFPC/DPAMD further extended his DOS 
to 31 Jul 07 for the purpose of a deployment.  

On 31 Jul 07, the applicant was involuntarily honorably 
discharged on his mandatory separation date (MSD) upon attaining 
the maximum age for service (62).

On 1 Aug 07, the applicant joined the Air Force Reserve.  
Shortly after his deployment, he was notified of a discrepancy 
with his DOS when he transferred to the USAFR.  Therefore, the 
applicant submitted a request to correct his records to the Air 
Force Board of Military Corrections (AFBCMR).  On 5 Dec 07, the 
AFBCMR extended his mandatory separation date (MSD) to 30 Jun 08 
to allow him to continue to serve in the active Reserve.  

On 14 Apr 08, SAFPC approved another waiver for the applicant to 
remain in active status until 30 Jun 10.  On 3 Jun 10, the 
applicant was discharged from the Air Force Reserve, effective 
30 Jun 10.

In accordance with 10 USC Section 1251, unless retired or 
separated earlier, each regular commissioned officer of the 
Army, Navy, Air Force, or Marine Corps serving in a grade below 
brigadier general or rear admiral (lower half), in the case of 
an officer in the Navy, shall be retired on the first day of the 
month following the month in which the officer becomes 62 years 
of age.

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

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AIR FORCE EVALUATION:

AFPC/DPSOR recommends approval, indicating the applicant was a 
regular dental officer who served on active duty beyond age 62 
until he was involuntarily separated on 31 Jul 07.  As a regular 
officer, he was eligible for a mandatory retirement under 10 USC 
Section 1251, effective 1 Aug 07.  

Public Law 108-375 Section 501(a)(2), 28 Oct 04, amended 10 USC 
Section 532(a)(2), changing the maximum age to be able to 
complete 20 years of active commissioned service from 55 to 62 
for original appointment as a commissioned officer.  Medical and 
dental officers and chaplains were exempt from the maximum age 
requirement both prior to and after the change in the maximum 
age requirement (10 USC Section 532(d)(1)).

The applicant was a regular commissioned officer and his MSD 
should have been the last day of the month in which he became 
age 62.  His date of birth is 8 Dec 44, therefore, his MSD 
should have been established as 31 Dec 06.  However, due to the 
approved adjustments to his DOS ultimately resulting in a DOS of 
31 Jul 07 and the retirement approval authority being unaware of 
the ability to retire an officer under this law if the officer 
did not have 20 years or more total active federal military 
service, he was not given an opportunity for retirement.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submits that the Advisory Opinion from AFPC/DPSOR 
accurately summarizes his creditable service history and 
supports his opinion that he qualifies for a modified 
retirement.  He provides additional accounts that summarize his 
history of service and reiterates he was not informed of his 
option to retire when he was involuntarily separated from active 
duty.  He submits that had he been informed that he qualified 
for retirement benefits, he would in all probability not 
volunteered for continued duty in the Air Force Reserve.

________________________________________________________________

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.  Sufficient 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 and agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion the applicant has been 
the victim of an error or injustice.  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 on 
31 July 2007, he was released from active duty and retired, 
effective 1 August 2007, under the provisions of Section 1251 of 
Title 10, United States Code.

________________________________________________________________



The following members of the Board considered AFBCMR Docket 
Number BC-2012-05322 in Executive Session on 8 Aug 13, under the 
provisions of AFI 36-2603:

	             , Vice Chair
	             , Member
	             , Member

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 25 Oct 12, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOR, dated 2 Apr 13, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 14 Apr 13.
     Exhibit E.  Letter, Applicant, dated 3 May 13




                                   
                                   Panel Chair