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AF | BCMR | CY2014 | BC 2014 00492
Original file (BC 2014 00492.txt) Auto-classification: Denied
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 applicant’s 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 DPSOR’s 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.

Counsel’s 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 applicant’s 
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.  Applicant’s 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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