RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05910
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His Reserve retirement date be changed to 1 Sep 04 rather than
14 Nov 09.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
Reserve Order EK-3010, dated 10 Feb 05, placed him on the USAF
Reserve Retired List as of 1 Sep 04. However, no action was
taken on this order and he was not paid until Reserve Order EL-
0449 was generated on 26 Oct 09, reflecting his retirement date
as 14 Nov 09.
He is owed retirement pay for the period between 1 Sept 04 and
14 Nov 09.
A representative from the Department of Veterans Affairs (DVA)
advised him that he was entitled to back pay.
In support of his appeal, the applicant provides copies of a
letter to the Defense Finance and Accounting Service, dated
22 Oct 12; extracts from his military personnel record
associated with his medical disqualification and retirement, and
various other documents associated with his request.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 18 May 04, the applicant was medically disqualified for
continued military duty. On 1 Sep 04, the Air Force Reserve
Command (AFRC), Separations, informed ARPC that the applicant
had requested transfer to the Retired Reserve in lieu of an
administrative discharge for physical disqualification.
On 10 Feb 05, Reserve Order EK-3010 was published transferring
the applicant to the Reserve retired section, effective
1 Sep 04, awaiting pay at age 60.
On 26 Oct 09, Reserve Order EK-0449 was published authorizing
retired pay and transferring the applicant from the USAF Reserve
Retired List to the USAF Retired List effective, 14 Nov
09 (age 60). He was credited with 33 years of satisfactory
Federal service for retirement.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFRC/A1K recommends denial, stating that the applicant's
transfer to the Reserve Retired List (awaiting pay at age 60)
effective 1 Sep 04 resulted from him being found medically
disqualified for continued military service based on a medical
condition that was not service connected. He was later
transferred from the Reserve Retired List to the USAF Retired
List, effective 14 Nov 09 (age 60) which entitled him to begin
receipt of retirement pay. Both actions were correct. The
applicant was not retired effective 1 Sep 04 with immediate
receipt of retirement pay because his medical condition was
found to not be service connected. Had it been determined that
his medical condition was service connected, he may have been
entitled to a disability retirement with immediate receipt of
retired pay.
A1K notes that the applicant has not provided any documentation
to substantiate an error or injustice occurred nor did they find
a basis to change the applicants date of transfer to the USAF
Reserve Retired List.
The complete A1K evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 14 Apr 13 for review and comment within 15 days.
As of this date, no response has been received by this office
(Exhibit C).
________________________________________________________________
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 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-2012-05910 in Executive Session on 26 Sep 13, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Dec 12, w/atchs.
Exhibit B. Letter, AFRC/A1K, dated 10 Apr 13.
Exhibit D. Letter, SAF/MRBR, dated 14 Apr 13.
Panel Chair
2
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