Free Response - District Court of Federal Claims - federal

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Chapter 7 DETERMINING RETIRED GRADE AND PAY 7.1. General Information. This chapter gives information on appropriate retired grade, advancement to a higher grade on the retired list, computing service for retired pay and estimating retired pay. Service computation complies with the provisions of current laws including the Defense Officer Personnel Management Act (DOPMA). The information here is a guide, not a complete or authoritative reference on all these subjects. This information does not pertain to members addressed in Chapter 9, (non-Regular service at age 60) nor to members retired for disability (see AFI 36-3212). 7.2. General Rules on Retired Grade: 7.2.1. A commissioned officer retiring for years of service retires in the highest grade held on active duty for at least 6 months. However, for lieutenant colonels and colonels see paragraph 7.2.2.2. 7.2.1.3. For brigadier and major generals, see paragraph 7.2.2.4. 7.2.2. 1. The SAF or designee determines if the service was satisfactory. 7.2.2.1. Officers who hold or held the positions shown in paragraph 7.3. need only to serve satisfactorily on active duty in that grade for 1 day. 7.2.2.2. The FY91 National Defense Authorization Act (NDAA) of 5 November 1990 (P.L. 101-510, Div. A, Title V, section 552) reduced the requirement of having 3 years TIG to 2 years for lieutenant colonels and colonels wishing to retire in their current grade, subject to a 2 percent limitation in the Act. The Secretary of Defense authorized the Air Force to use this provision of law. This law expires 30 September 1995 (although P.L. 103-160 section 561 extended this provision to 30 September 1999, DoD has not yet authorized its use past 30 September 1995). 7.2.2.3. The SAF or designee may approve a limited number of voluntary retirements for lieutenant colonels and colonels who have served satisfactorily in their current grade for at least 2 years, as addressed in paragraph 7.2.2.2.; otherwise, a lieutenant colonel or colonel must serve satisfactorily on active duty for 3 years. 7.2.2.4. Ordinarily, brigadier and major generals may voluntarily retire in grade if they served satisfactorily on active duty in that grade for least 3 years. 7.2.2.5. Even though officers don~ meet the TIG criteria, the President may approve retirements of officers who have at least 6 months of satisfactory active duty in that grade. This approval happens in cases involving extreme hardship or exceptional or unusual circumstances. 7.2.2.6. Officers who don't meet the minimum TIG requirements, or whose waivers are not approved, retire in the next !ower grade held on active duty satisfactorily for at least 6 months, as determined by the SAF or designee under 10 U.S.C. 1370(b). 7.2.3. Enlisted members of the Regular or Reserve forces retiring for other than disability retire in the Regular or Reserve grade held on the date of retirement unless entitled to a higher grade under some other provision of law. 7.2.4. Reserve officers who apply for retirement under 10 U~S.C. 8911 after being told they will be released from active duty involuntarily, retire in the highest grade held on active duty satisfactorily for at least 6 months.
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7.3. Higher Retired Grade for Regular Commissioned Officers in Special Positions. A c ommissioned officer of the Regular Air Force who is serving or has served in a position of importance and responsibility under 10 U.SoC. 601 or a position identified in 10 U.S.C. 8962 (a) may, in the discretion of the President and with the advice and consent of the Senate, be retired in the highest grade held on active

duty.
7.3.1. A permanent professor of the United States Air Force Academy who is in a grade below brigadier general retires, at the discretion of the President, in the grade of brigadier general under 10 U.S.C. 8962Co) and 1370, and paragraph 4.8. of this AFI. 7.3.1.1. Compute retired pay using the rates for the grade held on the last day of active duty. 7.4. Advancing Regular Enlisted Members to a Higher Grade After 30 Years of Service:
7.4.1. Advancement on the Retired List. Regular enlisted members may, when their active service plus service on the retired list total 30 years, be advanced (on the retired list) and receive retired pay in the highest grade held on active duty satisfactorily, as determined by the SAF or designee under 10 U.S.C. 8964.

7.4.2. Restoration of Former Grade. Retired .enlisted members who have been advanced on the retired list to a higher commissioned grade may, on approval of the SAF or designee, be restored to their former status on the retired list. 7.4.2.1. Members send requests to HQ AFMPC/DPMARR2 within 3 months after being advanced. 7.4.2.2. An election to return to a former grade is not reversible (29 Comptroller General 179; 10 U.S.C. 8965).
7.5. Satisfactory Service in a Higher Grade. The SAF or designee decides if service in a higher grade was satisfactory. 7.5.1. The Air Force Personnel Council (AFPC) announces the SAF decision on cases: 7.5.1.1. That involve General Officers.

7.5.1.2. Where the highest grade held was terminated for cause (unless the member held the higher grade for at least 6 months during a previous period of service and received an honorable discharge in that grade). 7.5.1.3. Where evidence leaves doubt that the member served satisfactorily in the higher grade. 7.5.1.4. Where the member holds the higher grade at time of retirement and retirement is due to elimination or demotion action. 7.5.1.5. Where evidence proves that elimination for cause would have been proper at the time the member held highest grade. Commanders will: ¯ Notify members applying for retirement in lieu of administrative or punitive action that, even if the Air Force approves the retirement, they may be retired in a grade lower than the one in which they are currently serving, if the SAF or designee determines their service in the higher grade wasn't satisfactory.

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o °

Submit, with the retirement application, any documentation to substantiate that the members' service in their current grade was satisfactory. Advise members that they may submit documentation to support their service in their current grade was satisfactory.

7.5.1.6. Where the member is eligible for advancement on the retired list (under 10 U.S.C. 8964) and held the highest grade on active duty for less than 6 months. Note: In any case where the member held a grade that is two or more grades higher than the retired grade and evidence shows that service in the highest grade wash 't satisfactory, the member may be advanced on the retired list to the next lower grade that was held satisfactorily on active duty.

7.5.1.7. Where the member is eligible for advancement under 10 U.S.C. 8964 to a higher active duty grade attained after retirement. Such cases involve retired members who held positions in active Reserve organizations, were promoted to a higher grade than the one retired in, and had active duty in the higher grade for a total of at least 6 months. The member sends copies of the promotion order and documents verifying each period of active service while holding the higher grade to HQ AFMPC/DPMARR2. 7.5.2. Under 10 U.S.C. 1370, the SAF or designee may retire an officer in a grade lower than the highest grade held when the officer did not hold the higher grade satisfactorily. 7.5.2.1. The commander: ° Notifies the officer in writing that the SAF or designee will make this grade determination in any case that involves doubts as to satisfactory service in the higher grade. ° Makes a recommendation regarding retirement grade and includes a statement to that effect. Gives the officer a reasonable amount of time to submit comments, through command channels, to the SAF or designee.
7.6. General Information On Retired Pay Computation. The Defense Finance Accounting Service-Cleveland Center computes retired pay under the provisions of the DoD Military Retired Pay Manual. However, use Table 7.1. for estimating retired pay. The active duty pay raise effective 1 January 1984 eliminated, for most members, the pay inversion mode that had existed since ! October 1974.

7.6.1. Pay Inversion. Pay inversion meant that pay for retired members increased by frequent cost of living adjustments that were higher than active duty pay increases. This inversion caused some members to receive less retired pay than those who had retired earlier with the same service and grade. 7.6.!.1. Some senior colonels and general officers may benefit by using this provision in 10 U.S.C. 1401a(f) known as the Tower Amendment for retired pay computation. 7.6.1.2. Cost of living increases applied to retired pay are tied by law to Consumer Price Index (CPI) changes. 7.6.2. Service Used in Computing Retired Pay. This computation depends on which law the member retires under. In counting the years of service for the retired pay multiplier (Table 7.1., column D), give credit at the rate of 2-1/2 percent per year; thus, credit 20 years as 50 percent.

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7.6.2.1. In addition, for members who retired on or after 1 October 1983, credit each whole month of service at the rate of 1/12 of 2-~/,_ percent per month, Don~t count days if less than 30. Thus: ¯ 1 month is credited as .21 percent per month. ¯ 2 months as .43 percent. o 3 months as .63 percent. ¯ 4 months as .83 percent. ° 5 months as 1.05 percent. ¯ 6 months as 1.25 percent. ¯ 7 months as 1.45 percent. ¯ 8 months as 1.68 percent. ¯ 9 months as 1.88 percent. o !0 months as 2.08 percent. ! 1 months as 2.29 percent. EXAMPLE: The multiplier for 20 years and 6 months of service is 51.25 percent. 7.6.2.2. If the member is retiring in a grade higher than the current active duty grade, use the monthly base pay the member would be entitled to if serving on active duty in the higher grade. 7.6.2.3. Retired pay can never be more than 75 percent of the member's monthly base pay. 7.6.2.4. Table 7.1., note 2, and attachment 8 show how to compute service for officers under 10 U.S.C. 1405. 7.6.3. Preventing a Pay Inversion. The Tower Amendment, 10 U.S.C. 1401a(f) effective 7 October 1975, allows DFAS-CL to compute retired pay on an earlier rate of basic pay if that would be more favorable to the member. 7.6.3.1. The member must have been retirement eligible when the earlier rate of basic pay was in effect. 7.6.3.2. Only the amount of service and the grade held on the last date of the earlier rate may be used in the calculation. 7.6.3.3. For the purposes of retirement pay calculation, only statutory restrictions on time in grade (TIG) will be considered. TIG restrictions waivable by Air Force policy will be considered to be waived upon approval of the retirement application. 7.6.4. Computing Retired Pay of Members Retiring on the Date of an Active Duty Raise. B y law (10 U.S.C. 8991), members retiring voluntarily on the date that an active duty pay increase goes into effect may use those rates in computing their retired pay (Table 7.1., rules 1 through 4). EXCEPTIONS: Officers who do not have at least 20 years and 1 month of active military service, and regular colonels retiring on the mandatory retirement date established under the laws in effect before 15 September 1981 must use the old rates.

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7.6.5. Retired Pay Computation for Members Entering the Service on or After 8 September 1980. Compute the retired pay of anyone who first entered a uniformed service (that is, was enlisted, inducted or appointed) on or after 8 September 1980 by a different method than is used for those already in the service. The law, 10 U.S.C. 1407, provides for calculating a retired pay base that is the average of a member's highest 36 months of active duty pay. It currently affects only new members who retire for physical disability. 7.6.6. Retired Pay Computation for Members Entering the Service On or After 1 August 1986. The Military Retirement Reform Act (Public Law 99-348) further changed future retirement benefits for members entering military service (that is were enlisted, inducted or appointed on or after 1 August 1986). 7.6.6.1. Under the new system, for members who retire with less than 30 years of service, the pay multiplier is reduced by 1 percent for every year of service less than 30 years. Therefore, retired pay for 20 years of service is 40 percent of the highest 36 months of active duty pay. EXAMPLES." The multiplier for 22 years of service is 47 percent (55% minus 8); 24 years equals 54 percent (60% minus 6); 26 years equals 61 percent (65% minus 4), and so on. 7.6.6.2. The multiplier reverts to the full percentage point at 62 years of age. 7.6.6.3. The multiplier reduction is not applicable to disability and Reserve retirees. 7.6.6.4. Annual cost of living adjustments (COLAs) after retirement will be 1 percent less than the consumer price index (CPI). At age 62 the lost inflation reductions are restored to retired pay in a one-time recalculation. From then on, CPI minus 1 percent continues.
7.7. Recomputation of Retired Pay To Show Advancement on the Retired List. A member of the Air Force who is advanced to a higher grade according to 7.4. is entitled to recompute retired pay on that advancement (10 U.S.C. 8992). 7.8. Recomputation of Retired Pay To Show Later Active Duty. A member entitled to retired pay, who is later recalled and serves on active duty (other than for training), is entitled to recompute retired pay on being released from that duty. (See 10 U.S.C. !402.) 7.9. Computing Retired Pay of a Member Involuntarily Reduced in Grade. Members retire in the grade held on the date of retirement. However, members eligible to retire on the last day of the month before the date of reduction may compute pay on the basic rate of the higher grade. Compute retired pay based on the amount of service credited on the last day of the month before the reduction. Members are eligible if:

7.9. t. The reduction was not due to court martial. 7.9.2. The member completed the active duty service commitment of the higher grade.
Table 7.1. General Rules for Estimating Retired Pay of Members Who Entered Duty Before 8

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September 1980.
R U L E A D E C B If memunder 10 then take monthly and multiply by 2 1/2 and add ber is U.S.C. basic pay memberpercent of the years of would receive based retiring
on

1 in enlisted8914 status

active duty grade (see active service (see note10 percent of the product of column C and D 2) note 1)

for extra-ordinary herolsm, total not to exceed 75 percent.

Reserve grade (if not on EAD) (see note 1) 8917

active duty grade (see :note 1)

4 voluntarily 8911, 8918, iactive duty grade, per-service computed per 8920, or manent Reserve grade,10 U.S.C. 1405 (see in officer note 2 and attachment 8 8924 or highest grade held status satisfactorily (see note 3. 1) s amount necessary to 5 mandato- 633, 634, active duty grade or ervice for mandatory increase product of colretirement or service rily in 635,636, or highest grade held satisfactorily (see note 1) computed per 10 U.S.C. umn C and D to 50 perofficer sta- !25! 1405, whichever iscent of pay on which tus greater (see note 2 andcomputation is based (see note 3). attachment 8 ) NOTES: 1. Compute at rates applicable on date of retirement. 2. Use only active service for determining an enlisted member's retired pay multiplier. Use service creditable according to 10 U.S.C. 1405 for determining an officer's retired pay multiplier. (See attachment 8. ) Credit member who retired on or after t October 1983 for each full month of service that is in addition to each full year of service, at the rate of 1/12 of 2 ~/2 percent. 3. Applies to officers who were on active duty on 14 September 1981 and who are required to retire under 10 U.S.C. 1251 with less than 20 years active service.

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Attachment 3 RETIREMENT OPTIONS OR ENTITLEMENTS FACT SHEET MPF: Give a copy of this fact sheet to each member at the time you give them retirement orders or when final processing starts, whichever is earlier. A3.1. Retirement Planning. Because you are nearing retirement, you must begin careful planning for after retirement. The place you retire and the entitlements based on the place of retirement are important parts of this planning. This fact sheet is a quick reference to help you make favorable decisions. This information is not all-inclusive, and there are exceptions, so you should seek personal counseling from your MPF and the Transportation Management Officer (TMO) before making fm-n plans, and before you move your family or household goods.
A3.2. Place of Retirement. All members stationed in the CONUS must retire at their current duty station. (Members assigned to Geographically Separated Units (GSU) may have to go to the nearest Air Force base that has a MPF to complete retirement processing.) Members stationed overseas may retire at the overseas duty station or a processing station of choice in the CONUS. The option as to place of retirement is the same whether you retire for service or for disability. The place of retirement has a direct effect on entitlement to movement of household goods. Paragraph A3.3 and table A3.1 at the end of this fact sheet outlines these entitlements. A3.3. Entitlement to Movement of Household Goods. All members retiring for length of service (immediately following at least 8 years of continuous active duty with no single break in service of more than 90 days), and all members retiring for physical disability (without regard for length of service) are entitled to travel to a "home of selection" (retirement home). This entitlement includes travel for yourself and your authorized family members, and shipment of your household goods (including storage, if required). However, if you had less than 18 years active service as of 1 November 1981, you may receive travel and transportation allowances to any place within the United States, a place outside the United States from which you were first called or ordered to active duty to your first duty station, or to any other place at a cost not to exceed what it would have cost the government had you selected a home at a specified place in the CONUS (JFTR, volume I, paragraph U5 !30; AFI 24-501 [formerly AFR 75-25, chapter 5]). Members retiring in the CONUS who wish to move to an overseas home of selection must contact the embassy of the country concerned, in advance of travel, for information about the documents necessary in order to meet host government residency requirements. In all cases, you must receive your retirement orders (or know the order number, date, and fund citation) before traveling or shipping and storing your HHGs. Travel to your home of selection must be completed and household goods turned over to a military TMO or to a carrier for shipment within 1 year from date of retirement. EXCEPTION: This 1 year limitation may be extended for reason of hospitalization or medical treatment, education or training (approved by the Director, Joint Personal Property Shipping Office San Antonio, 8961 Tesoro Drive, Suite 300, San Antonio TX 78286-6209), or other deserving reasons (approved by HQ AFMPC/. DPMAR), as provided in JFTR, volume t, paragraph U5130, and AFI 24-101, Passenger Travel (formerly AFR 75-8) and AFI 24-501, Do-B-Yourself(DITY) (formerly AFR 75-25).

A3.3.1. The appropriate HQs issues retirement orders for members retiring for length of service as early . as possible after approval of the retirement (usually within 60 days), if they can get the accounting classification fund citation and verify the service computation.

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A3.3.2. You may move to a home of selection as soon as you receive retirement orders. Unless you receive an extension of the time limit for hospitalization or medical treatment, household goods may not stay in nontemporary storage at government expense for longer than 1 year immediately following date of retirement (termination of active duty) (JFTR, volume I, chapter 5, Part B, and 37 U.S.C. 401[d]). When appropriate personnel extend the home of selection time limit based on education, training, or other deserving cases, household goods may continue in nontemporary storage at government rates, but you must reimburse the government for these costs. With some exceptions, you may ship household goods from the last or any previous permanent duty station, from storage, or from the place last moved at government expense (or a combination of those places), to a designated home of selection. You may make shipment between other points if you pay costs in excess of shipment in one lot between the last permanent duty station and the home of selection (JFTR, volume I, chapter 5, Part B). A.3.3.3. An officer who separates and enlists for the purpose of retirement in enlisted status is not entitled to shipment of household goods and travel of authorized family members based on separation orders. A3.4. Summary of Entitlements to Movement of Household Goods: A3.4. t. For members stationed in CONUS: A3.4.1.1. If living in government quarters, you may move at government expense to civilian quarters in the local area, then later move at government expense to home of selection. A move at government expense from local civilian quarters to other local civilian quarters will use up your entitlement to a further move to a final home of selection. A3.4.1.2. You may put household goods in nontemporary storage while deciding on a home of selection, then move at government expense to home of selection. Storage at government expense expires no later than 1 year following retirement unless you get an authorized or approved time extension based on hospitalization or medical treatment. A3.4.1.3. You may move directly to home of selection at government expense. A3.4.2. For members stationed overseas: A3.4.2.1. You may retire at an overseas duty station. You must satisfy host government residency requirements before retirement, unless you are stationed in Alaska, Hawaii, or a US territory or possession. See the options and procedures outlined in A3.4.1, which also apply to members stationed overseas. You must pay any import taxes or duties imposed on your personal property by the host government, territory, or possession. A3.4.3. You may retire at a processing station of choice in the CONUS as long as it has an MPF with retirement processing capability. From the processing station of choice you may: A3.4.3.1.Put household goods in nontemporary storage at the CONUS port for up to 1 year following retirement while deciding on a home of selection, then move at Government expense to home of selection. A3.4.3.2. Have all or part of your HHG delivered in the vicinity of the retirement processing point while deciding on a HOS; then move to a HOS at government expense. Understand that you must pay all costs for recapping, recrating and duplicating delivery storage charges associated with the reshipment from the processing point to the final HOS by way of the port. You may continue to keep your HHG placed in Nontemporary Storage (NTS) during the overseas tour for up to 1 year after retirement and then have them shipped to HOS. You may not ship them to the processing station unless that is your HOS.

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A3.4.3.3. You may move directly to your home of selection at government expense. NOTE: For members retiring in CONUS who are non-CONUS residents (that is, whose home of record is Outside the 48 CONUS states): Travel entitlements are the same as if trave! was to a CONUS state. However, you use your home of selection entitlement when you move to a home in an overseas state at government expense.
Table A3.1. Retirement Options or Entitlements. Options

L A B I Members may retire at N stationed E

F C D and move off place have house- ship household base in local house-hold hold goods goods to home of area goods in delivered in selection (see nontemporary vicinity of notes 2 and 3).
storage (see note 1) retirement processing point

Entitlements E

overseas dutyYes (see note 5) Yes No Yes station (see note 4) Separation Pro- No Yes (see note 3) Yes (see note cessing Base of 6) Choice (SPBC) 3 in CONUS duty station only Yes (see note 5) Yes
1 overseas

NOTES: 1. Nontemporary storage at government expense expires no later than one year following retirement. 2. Temporary storage may be authorized, depending on circumstances. 3. Travel (by non-CONUS residents) at government expense to home territory or an overseas state, in connection with retirement, usually exhausts all home of selection entitlements. 4. Member must satisfy host government requirements before retirement (except for members stationed in Alaska, Hawaii, or US territories and possessions). 5. Member must have received retirement orders (or know the order number, date, and fund citation) and must NOT enter a claim or receive payment for travel and transportation allowances before arrival at final home of selection. 6. Member is liable for any excess cost for unpacking, packing, hauling, and so forth.

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Attachment 7 PREAPPLICATION CHECKLIST (MPF attaches a signed copy of this checklist to the AF Form 1 ! 60 and files it in Section 3 of the UPRG as a permanent document) GENERAL EFFECTS OF RETIREMENT APPLICATION A7.1. I understand that by applying for retirement, I: A7.1.1. Remain liable for assignment or training within the limits of the retirement date asked for or approved. A7.1.2. May not incur a voluntary service commitment that goes beyond an approved retirement date unless I withdraw the application or receive approval of a request for change in retirement date. A7.1.3. Do not have to fulfill an involuntary service commitment if it goes beyond an approved retirement date, except in unusual circumstances. A7.1.4. May become ineligible to reenlist. A7.1.5. May have to reimburse the Government the cost of advanced education equal to any unserved or unearned portion of a service commitment incurred due to Advanced Education Assistance programs. EFFECTS OF RETIREMENT APPLICATION ON PROMOTION ELIGIBILITY A7.2. If stationed overseas, I become ineligible for promotion if I apply for retirement on or after the 25th day of the 8th month prior to their DEROS. EXCEPTION: Overseas members who file retirement applications due to HYT, do not become ineligible for promotion. TERMINAL LEAVE (AFI 36-3003 [formerly AFR 35-9]) A7.3. If I plan to request leave in connection with retirement (Terminal Leave), I understand that: A7.3. !. I must apply for retirement far enough in advance to allow at least 4 months of lead time for processing the application and issuing orders, plus the desired number of days of leave. (EXAMPLE: If my requested retirement date is 1 July, and I want 30 days of terminal leave, I submit my application no later than 1 February.) Otherwise, I might not receive retirement orders before the date I am scheduled to depart on terminal leave. A7.3.2. I understand that authorization for leave in connection with retirement (terminal leave) is not automatic. My commander must approve it. A7.3.3. I understand that I may not extend my approved retirement date, or withdraw my application, solely to allow me to take terminal leave. RETIREMENT UNDER THE 7-DAY OPTION (AFI 36-2303, paragraph 2.19 [formerly AFR 35-71 and AFI 36-2110 [formerly AFRs 36-20 and 39-11]) A7.4. I understand that if I am applying for retirement under the 7rday option program, I must apply within the time period after assignment notification and for a date within the time period specified in the referenced instructions. If I am an enlisted member, I understand that an approved application for retirement under the 7-day option program may make me ineligible for promotion.
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WITHDRAWAL OF APPROVED RETIREMENT OR EXTENSION OF RETIREMENT DATE (AFI 36-3203, paragraphs 2.21 and 5.7) A7.5. I understand that after my requested retirement date has been approved: A7.5.1. I may withdraw my application for retirement or extend the effective date of retirement only for one of these reasons: ¯ For a fully documented hardship that has occurred since I applied for retirement. ° In the best interest of the Air Force. ¯ To accept a valid active duty promotion that I was selected for and notified of after I applied for retirement. A7.5.2. I normally will not be allowed to withdraw ifI applied for retirement under the 7-Day Option (TDO) program. A7.5.3. I can expect to retire on the approved date unless I am placed in administrative hold or medical hold (approved only by HQ AFMPC/DPMMM) and should remain in either status beyond my approved date. However, I can be carried past my original retirement date only if my orders are rescinded by HQ AFMPC/DPMARR2 (AFDPOB for colonels) before the effective date. A7.5.4. I may not request extension or withdrawal of an approved retirement for the sole purpose of receiving promotion consideration during a forthcoming cycle. EXTENSION OF DOS TO RETIRE COINCIDENT WITH HIGH YEAR OF TENURE (HYT) DATE A7.6. If I am an enlisted member and my DOS precludes my retirement on completion of the maximum active service allowed for my grade, I understand I may request a 1-month enlistment extension in order to retire on the 1 st day of the month following the month in which my HYT date occurs. UNDERSTANDING OF RETIRED PAY COMPUTATION (AFI 36-3203, chapter 7) A7.7. I have been counseled on the effect my proposed retirement date will have on my retired pay and have been given a retired pay estimate. A7.7.1. I understand that DFAS-CL computes retired pay under the applicable formula established by law, according to my grade and years of service. Retired pay is computed by multiplying the monthly active duty base pay I receive now, or will receive at time of retirement, by 2-1/2 percent for each year of active service, if I am retiring in an enlisted status, or each year of service creditable under 10 U.S.C. 1405, ifI am retiring as an officer. I understand that my retired pay may also be computed, if more favorable to me, using the provision of law in 10 U.S.C. 1401a(f) as shown in paragraph 7.6.3. A7.7.2. I understand that military members are paid a specified amount of basic pay when they have served 1 day past any longevity-increase point established within each pay grade. For colonels, master sergeants, senior master sergeants, and chief master sergeants, longevity increases in basic pay occur at the "over 20," "over 22," "over 24" and "over 26" years of service points. To receive active duty and retired pay at any longevity-increase point, I understand I must have completed the ful! number of years of service, plus 1 day. EXAMPLE: To be paid at "over 22" I must have completed the full 22 years plus 1 day of service. If I have not served that 1 extra day, I understand DFAS-CL will compute my pay on the next !ower longevity increase; that is, if I have exactly 22 years of service for basic pay, my pay must be computed on rates "over 20."

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A7.7.3. I understand that service for the retired pay multiplier is credited differently. In addition to the years of active service (enlisted) or 1405 service (officers) completed, I will be credited with each month completed at the rate of 1/12 of 2-1/2 percent per month. EXAMPLE." An enlisted member who has 20 years and 1 month of active service has a retired pay multiplier of 50.21 percent; 21 years and 7 months, 53.95 percent, and so on. A7.7.4. For officers, the retired pay multiplier is determined by their service computed under 10 U.S.C. 1405, as indicated in paragraph A7.7.3. Officers' 1405 service is the same as their service for basic pay unless they had a break in active service or performed inactive Reserve service after 1 June 1958 (the date that 10 U.S.C. 1405 was enacted). The service that is creditable under section 1405 is shown in AFI 36-3203, attachment 8, paragraph A8.3. Also, HQ AFMPC Records Management Division computes 1405 service dates for all retirement-eligible officers from the officer's master personnel records and enters them in the PDS. Base-level personnel may retrieve these dates by entering DIN SAI. A7.7.5. I understand that if my retirement is effective on the same date as an active duty pay raise, my retired pay may be computed on the new pay rates (see AFI 36-3203, paragraph 7.6.4)--unless I am an officer retiring with less than 20 years and 1 month of active military service or a Regular colonel retiring on my mandatory retirement date as established under pre-DOPMA laws (see AFI 36-3203, table 4.1, note 2). A7.7.6. I certify that all aspects of retired pay have been explained to me to my satisfaction, and how they may apply in my case. Appropriate personnel have discussed my retired pay estimate with me, and I fully understand how they calculated it. I further understand that, once I have chosen a retirement date, I may not extend that date or withdraw my application for the sole purpose of increasing my retired pay. A7.7.7. I understand that if I have received separation, severance or readjustment pay under any provision of law for service in the armed forces, and ifI later qualify for retired pay, that DFAS-CL will reduce each payment of retired pay until the total amount deducted equals the total amount of separation, severance or readjustment pay. ~CEIPT OF RETIREMENT ORDERS A7.8. I understand that if the appropriate HQ approves my retirement application, and I am within 1 year of retirement, I can expect to receive retirement orders within 60 days from the date the MPF hears of the approva!. RECALL TO ACTIVE DUTY AFTER RETIREMENT A7.9. I understand that if I am a retired Regular member, or a member of the Retired Reserve who has retired under 10 U.S.C. 89! 1 or 8914, the SAF may order me to active duty at any time after I retire (10 U.S.C. 688). If I am a member of the Retired Reserve and have not completed 20 years of active service, I understand the SAF will not recall me involuntarily unless the SAF determines that not enough qualified Reserves are readily available to supply the needed skills (10 U.S.C. 672[a] and 675). ACKNOWLEDGMENT OF UNDERSTANDING I acknowledge that I have been advised of the effects of my retirement application and am satisfied that all the subjects in this paper have been adequately covered. I have been given the opportunity to ask additional questions or request further information in connection with my retirement. (Signature)
101

(Date)

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Attachment 8 RETIRED PAY EXAMPLES AND EXPLANATORY REMARKS

A8.1.. Using proper service dates and personnel data, a prospective voluntary retiree should be able to estimate retired pay based on several options now available and select a retirement date offering the most advantageous option. A8.1.1. For officers, significant dates are: ¯ Total Active Federal Military Service Date (TAFMSD). ¯ Total Active Federal Commissioned Service Date (TAFCSD). o Pay date (total military service). ¯ Effective date of promotion (not date of rank) or appointment to the grade in which the officer expects to retire. ¯ 10 U.S.C. 1405 service. A8.1.2. For enlisted personnel, significant dates are: o TAFM SD. ° Pay date. ° Effective date of promotion (~LO2 date of rank) to grade in which the member expects to retire. A8.2. The service dates needed for estimating retired pay are in the PDS and, with the exception of 10 U.S.C. 1405 service explained below, on AF Form 16!3 or (old) DD Form 13, Statement of Service, which HQ AFMPC/DPMDOO sends to the MPF for file in the unit personnel record group according to AFI 36-2604 (formerly AFR 35-3). The member should verify and agree with the dates shown or request correction. A8.3. Figure the years of service for officers according to 10 U.S.C. 1405 by adding together the numbers in paragraphs A8.3.1 through A8.3.4: A8.3.1. Years of active service. A8.3.2. A maximum of 4 years of constructive service for education or training may be credited to officers who, on 14 September 1981, were designated as medical or dental officers, or commissioned officers of the Public Health Service, or to any person who, on ! 4 September 1981, was participating in a program leading to a Medical or Dental Corps appointment. Medical officers may be credited with 1 additional year for medical internship or the equivalent. A8.3.3. Years of service not in paragraphs A8.3.1 or A8.3.2, that were creditable for basic pay before 1 June 1958. Include all inactive Reserve service or active service with the Commissioned Corps of the Public Health Service from 29 July 1945 through 3 July 1952 when the Commissioned Corps was a military service. A8.3.4. One day's service for each point earned while not on active duty after 31 May 1958 subject to a limit of 60 points in any 1 year. Include inactive duty training points and gratuitous points. NOTE: See AFI 36-8001 (formerly AFR 35-41, volume 2) for more detailed information on creditable points. Member usually receives an annual retirement credit summary reflecting points earned while affiliated with a Reserve unit.
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A8.4. HQ AFMPC/DPMDOO computes an officer's 1405 service date (from the officer's master personnel record) and enters it in the PDS at the officer's 18-years of active service point. If the 1405 service date appears in the Headquarters Air Force (HAF) file but not in the base-level file, entering PTI HO3 VDD 407 adds it to the base-level file.

103

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(Read Instructions on reverse page before filling out this/M-O Privacy.Act.Statement AUTHORITY: 10 U.S.C., Chapters 33, 59, 63, 67, 69, 71, 835, 867, 869, 1223, B013; 44 U.S.C., Sect 3t0t, and EO 9397. PRINOIPAL PURPOSE: To apply for retirement; request waiver of retirement restriotion, change of month or withdraw approved application. Used to request retirement date, determine retired grade, prepare documents Including retiremen! orders, and evaluate justification for a waiver request. ROUTINE USE: None. DISCLOSURE IS VOLUNTARY; Refusal fo divulge information may delay or haft further processing of the case, preclude proper evaluation ol a hardship sffuation, and jeopardize member's entitlement to retired pay benefits. SSN is ne¢essary to ensure positive identification. I. COMPLETED BY INDIVIDUAL AND MILITARY PERSONNEL FLIGHT (MPF) 1. NAME (Last, First, Middle Initial) 3, GRADE: 6. UNIT OF ASSIGNMENT: 7, PLACE RETIREMENT DESIRED (City and State): 4. HIGHEST ACTIVE DUTY GRADE: 2. SSN : 5. CURRENT RESERVE GRADE (If applicable):

MILITARY RETIREMENT ACTIONS

9. AC~ON REQUES~D (Check applicable box): ~ A. VOLU~ARY R~R~ENT ~ B. CHANGE REQUESTED OR APPROVED DATE OF R~IREM5~ ~ C. W~DRAWAPPROVED R~IREM~ ~ D, R~IRE.ON MANDATORY 1O. I HAVE READ AF136-3203~ SERVICE RE'TIRE~ENTS, PARAG~PH5 ~11, 3~5, AND CHAP~ 7, ~D UNDERST~D ~E EFFECTS' OFTHE REQUES~D ACTION. I RECEI~D AND S}GNED AFI 3~203, A~ACHME~ 7. I REQUE~ APPROVAL OF THE AC~ON CHEC~D IN ~EM 9 ABOV~ R~IREMENT EFFEC~E DA~: DA~ APPUC~NT SIGNED: SIGNATURE OF APPLICA~:

II. A~ION BY UNIT 11. A. M~mber Is subject to conditions ~r restdcti0~s as sho~ in AFI 35-3203, Table 2-1 or Table 2-2, B. Documentation ~ ~SA~ACHED ~ ,[SNOTA~ACHED i2. offiGer G~ds Det~rmln~lon (GOD) Requ#~ms~ts (Ch~c~ appropEat~ A. ~icer ~ has ~ h~s not HAD A COU~-MARTI~ CO~IC~ON. B. O~cer~ has ~ has not HAD A CWIL COURT CO.lOTiON FOR MISCONDUCT. C. Gfficer~ has ~ has ~ot

~ ~ES ~ NO

BEEN PUNISHED PURSUANT TO ARTICLE 15, UNIFORM CODE OF MILITARY JUSTICE (UCMJ), WITHIN 2 YEARS OFTHIS APPLICATION FOR RETIREMENT.

I [] do [] do not FIND ANOTHER BASIS FOR AN COD. iDATE TYPED NA~E0 GRADE AND TITLE OF COMMANDER OR DESIGNATED REPRESENTATIVE SIGNATURE OF ooMM~NDER~R DESIGNATED' REPRESENTA~VE:

Ill. AC~'~N BY MPF (Check appropriate c_~de[s]) ......

14o A, RESTRICTIONS (AF] 86-3203, Table 2,2) (Cite specific rule[s})

I B, DOCUMENTATION [] REQUIRED [] NOTREQUIRED

DATE

TYPED NAME, GRADE, TITLE, AND HEADQUARTERS OF CHIEF MPF OR SIGNATURE OF MFP CHIEF OR 'DESIGNATED DESIGNATED REPRESENTATIVE REPRESENTATIVE

15, CLEARED FOR INPL.,'TTO PERSONNEL DATA SYSTEM {PDS); ' ]-'-] YES [] NO IV, REMARKS (U'se for additional information. Identify item numbers to w'hich data applies. If additional space ts needed, continue on bond 'paper,)

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INSTRUCTIONS

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Fill out original application and make the following ooples; (1) Two cop[as for voluntary retirement or retirement on mandatory date; (2) Three copies when request is for waiver of a restriction, withdrawal or change of retirement month; (3) Four copies wher~ Table 2.1 and Table 2.2 of AR ,36-~3203, Service Retirementa, appl~,. Send this request through the Major Command.

1 through 4 5, 6. 7. 8.

Self-explanatory. To be ~~mple_l.e~! QN~Y _by pe. r.s~nne} sewing at a duty station outside continental United Slates (CONUS) ~n last assignment. Enter ONLY if highest grade served o!1 active duty with any branch of service is higher than current grade. To be oompl;~tad ONLY by member retiring In airman status, (See AFI36.3203, pare SelI."~xplanate~. Member will check appropriate block as shown below If applicant Is: 9A. A Regular Officer requesting voluntary retirernent on or earIier than mandatory retirement dale (MRD) or a Resewe Officer or Regular EntIeted requesting voluntary Ietlrement, 9B. An officer or enllstad requesting a change of a requested or approved date of retiremenl. (Enter new requested data It~ Item 10.) 90. An officer or enlisted requesting withdrawet of approved retirement. 9D. A ~egular officer or resewe Fapta(n or major requesting mandato~ retirement on scheduled mandatoEt date.

10.

Member will sign ONLY after having read AF138-3203, paras 2.11 ,, 3,2.5., and Chapter 7, By signing the praapplieation checklist (Attachment 7), the member acknowledges a thqrough understanding of the effects of this a~ion, Enter requested retirement dale, applicant's signature and date. Commander indicates if member Is subject to conditions that would prohibit submission of a retirement request or restrictions that may be waived in the Best Interest of the Air Force or for Hardship r~ct common to other Air Force members. If restrictions apply, documentation must be attached. Commander wll] cheek appropriate boxes, date and sign. (=Gee AFI36.3203, pare

11A& 11B,

12.

13A & 131~. Mi}itary Personnel Night {MPF) specialist processing application will check appropriate Waiver Code(s) and Special Program identifier that is applicable. 14A & 14B. To be dated and signed by person authorized by MPF chief, if restrictions apply that require documentation, forward original of request with documents to HQ AFPCIDPPRR. Documentation will include unff commandeCs recommendation. To be completed by person authorized by MPF CNe{ to sign,

15,

IV. REMARKS Use this section for comments related to other items on the IMT. Precede sash comment with applicable Item Number, e,g., '11B. DOCUMSNTATION." Each entry will be Initialed by the person who makes the e~ry. Use bond paper for continuation of ins secl:lon. Indicate "Remarks continued" on last line of Section IV.

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AF IMT 1160~ 19980501~ V3 Page 2 of 2 Pages