RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00492
COUNSEL:
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His discharge be changed to an active duty retirement.
APPLICANT CONTENDS THAT:
He served 21 years and 1 day of active duty in the Air Force and
submitted a request for retirement which was not processed due
to an administrative discharge action. However, the discharge
action was never completed and he was discharged with an
honorable service characterization and narrative reason for
separation of completion of required active service.
He is retirement eligible and feels it was an error and an
injustice to not allow him to retire. He presumes that he was
not permitted to retire because of a state criminal charge for
possession of child pornography that he pleaded no contest to,
on 26 Jul 13. However, regardless of that conviction, he still
served with honor for over 20-years at the time of the
conviction. Moreover, the state judicial system was responsible
for imposing his sentence and the withholding of his retirement
is an additional unwarranted punishment.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 21 Aug 92, the applicant entered the Regular Air Force.
On 17 Aug 12, the applicant requested retirement, effective
1 Jan 13; however, on 12 Sep 12, his commander placed his
retirement on hold pending a civilian investigation.
On 31 Aug 13, the applicant was honorably discharged and he was
credited with 21 years and 10 days of active duty service.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. On 14 Aug 13, the applicant had
an Assignment Availability Code (AAC) 15 - pending court
martial and 21 - Commander Directed Hold. The applicant had
a Date of Separation (DOS) and High Year of Tenure (HYT) of
31 Aug 13.
On 23 Aug 13, the applicant was advice by Electronic Mail (E-
Mail) by the Total Force Center, Separations Divisions Manager
that he could voluntary extend to give him more time to apply
for retirement and out-process. On that same date, the
applicant replied "At this point that I don't want to extend."
On 27 Aug 13, the Retirements and Separations Branch
Superintendent advised the applicant by (E-mail) about retiring
in lieu of administrative action and made him aware of
separating versus retiring with no benefits. The applicant
replied At this time my private attorney is advising me
against making any statements.
On 28 Aug 13, the applicant signed a document Individual Ready
Reserve (IRR) Agreement conditional for enlisted separation pay
circling option 1 with initials (I do not agree to serve in the
IRR for a period of 3 years following my separation from active
duty or 3 years following the date I complete my MSO whichever
is later). Additionally, circling option 2 with initials
(I understand I will not receive separation pay), the applicant
was discharged on 31 Aug 13.
The complete DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Counsel indicates the applicant rebuts DPSORs statement of fact
that he was advised of his option to retire in lieu of
administrative action. The applicant requested retirement on
two occasions, properly completing and submitting his
application, only to have his applications for retirement
denied. The statement of fact that he voluntarily elected to
forego his retirement and benefits is not accurate. He was
denied the opportunity to retire and forced to separate without
benefits.
Counsels complete response is at Exhibit E.
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 an error or injustice. While
counsel states the applicant was denied the opportunity to
retire, he did not provided substantial evidence which, in our
opinion, successfully refutes the assessment of the applicants
case by the Air Force Office of Primary Responsibility (OPR).
Therefore, we agree with the opinions and recommendations of the
AF OPR and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden of
proof of either an error or an injustice. In the absence of
evidence to the contrary, we find no basis to recommend granting
the requested relief.
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-2014-00492 in Executive Session on 9 Dec 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Dec 13.
Exhibit B. Applicants available Military Records.
Exhibit C. Letter, AFPC/DPSOR, dated 18 Mar 14.
Exhibit D. Letter, SAF/MRBR, dated 25 Apr 14.
Exhibit E. Letter, Counsel, dated 23 May 14.
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