Free Response - District Court of Federal Claims - federal

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Table 2.2. Restrictions on Retirement That May Be Waived In The Best Interest Of The Air Force Or For Hardship Not Common To Other Air Force Members.

R A U If member L E

B C D then and cite and restric- special tion is program waiverable note
and waiver code

1 departed duty station on a hard-28 for CONUS-to-CONUS move on ship or in or after 15 January 1987, andthe best will not complete 24 months on interest station or departed duty stationof the Air on an overseas-to-CONUS Force tour and will not complete 12 months on station as of requested retirement date (time computed from date arrived station) (see note 2) 24 2 applies for retirement less than 4 months, plus desired terminal leave (see paragraph 2.8.) and PTDY, in advance of requested retirement date (no waiver required when application submitted under 7-day option per paragrph 2.19.) 3 has not completed, as of 25 requested retirement date, the 2-year ADSC for promotion and is not entitled to retire in a higher permanent Reserve grade (see notes 2 and 3)

MPF sends AF Form 1160 indicating basis for waiver,

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R A U ftmember L E

4

5

6

7

8

D C and cite and special program ID (see note 1) and waiver code holds the grade of Lt Col, Col, y the b 26 Brigadier General or Major resident P General and has not served on for active duty at least 3 years inxtreme e that grade as of the requested hardship in retirement date (see notes 4, 5 or and 6) exceptional or unusual circumstances is on an overseas tour and will hard-~23 ['or not complete the ADSC as ofhip s the requested retirement date (see notes 2 and 7) is an officer and will not com- hard-2i for plete ADSC resulting from Air or in ship Force Institute of Technology best the (AFIT) training as of requestednterest i retirement date of the Air Force will not complete ADSC result- hard-22 MPF sends AF Form 1160 indicating basis for ing from professional military or in ship for waiver. education as of requested the best retirement date interest of the Air Force will not complete any ADSC 29 resulting from education or training not otherwise specified herein as of requested retirement date B then restriction is waiverable

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R U If member L E

D B C and cite and then restric- special program tion is waiver- ID (see able note 1)
and waiver code

30 9 is MC or DC officer who will not complete ADSC for additional or incentive specia! pay (MC); continuation pay (DC); or sponsored training, as of requested retirem.ent date 31 10 applies for voluntary retirement during war or when war is imminent, or in an emergency as declared by the President or Congress ill is subject to action initiated the best32 in under AFI 36-3208 (formerlyinterest AFR 39-10) or AFI 36-3206 of the Air F (formerly AFR 36-2) that could orce lead to involuntary discharge and is retirement- eligible as of date of application (see notes 8 and 9)

MPF sends AF Form 1160 and discharge case file to HQ AFMPC/DPMARR2 for referral to the SAF when the discharge board convening authority decides to suspend discharge processing. When the convening authority decides to complete discharge processing, the MPF returns the kF Form 1160 to the member, advising that a new application may be submitted when discharge action is complete (see note 3).

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B C D then and cite and restric- special tion is program waiver- ID (see able note 1) and waiver code 12 is subject to an action initiated 33 suspend the administrative action and send under one of the following case and AF Form ! 160 with recommendainstructions that may result in tion. Send through the MAJCOM (except an involuntary separation or for cases involving members in grade of demotion: MSgt and below that are processed under AFI 36-2503 (formerly AFR 39-30) (see note 3). ¯ AFI 36-3209 (formerly AFR 35-41 volume 3). ¯ AFI 36-3206 (formerly AFR 36-2) ¯ AFI 36-3207 (formerly AFR 36-12) o AFI 36-2503 (formerly AFR 39-30) and is retirement-eligible as of date of application or eligible as of date specified in applicable i instruction (see notes 8, 9 and

R A U If member L E

10)
13 is in default with respect to~in the best34 public funds interest of the Air Force 14 is serving under a suspended 35 court-martial sentence and is retirement eligible as of date application MPF sends report of circumstances and AF Form ! 160 with recommendation through the MAJCOM (see notes 3 and 11). MPF sends pertinent courts-martial orders and AF Form 1160 with recommendation through the MAJCOM (see notes 3 and i 1).

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RA U If member L E

C D then and cite and restric- special tion is program waiver- ID (see able note 1)] and waiver code MPF sends AF Form 1160 with copy of 15 is under court-martial charges 36 and trial has not begun, and charges to the General courts-martial member is retirement-eligible (GCM) convening authority. When the as of date of application GCM convening authority recommends retirement before trial, MPF sends AF Form 1160, with charges and allied papers, through the MAJCOM for SAF decision (see notes 3 and 11). When GCM convening authority does not recommend retirement before trial, MPF suspends processing the application. When sentenced, AF Form 1160 is processed under rules 16 and 17 as applicable. When charges are withdrawn or dismissed, or the accused is acquitted, MPF resumes processing of AF Form 1160 (see notes 11 and 12). 16 is under court-martial sentence, MPF does not process application until senincluding dishonorable distence has been approved by convening charge, bad conduct discharge, authority and when required, by officer exercising general courts-martial .iurisdicdismissal, or confinement at hard labor for over 6 months, tion. MPF sends AF Form 1160 with copy and is retirement-eligible as of of staff judge advocate review and accompanying documents through the MAJCOM date of application (see notes for SAF decision. An approved retirement 11 and 12) idoes not preclude completion of a sentence to confinement. Record of trial is sent in normal course and will be made available at HQ USAFiJAJ as necessary.
B

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IB C ~D then and cite and 'restric- special tion is program waiver- ID (see able note 1) and waiver code MPF does not process application until 17 is under court-martial sentence, lapproved sentence has been reviewed and not including any punishment shown in rule 16 and is retirefound to be legally sufficient according to ment-eligible as of date of !Article 65(c) (special or summary application (see note 12) courts-martial), or Article 69 (general !courts-martial), Uniform Code of Military Justice (UCMJ). When requested retirement date is earlier than punishment completion date, the retirement date may be delayed. However, an approved retirement does not preclude completion of a sentence to confinement (see note 11). 18 is under civil charges that, in the best 7 3 When nature of charges may warrant action case of conviction, may result interest under rule 11 or 12, MAJCOM suspends processing of application until final disposiin initiation of an administra- the Air of tion of those charges. When charges do not tive discharge action, and is orce F retirement- eligible as of date of warrant such suspension or final disposition application does not lead to action under rules 11 or 12, MAJCOM may process application normally (see notes 3 and 11). MPF does not process application until the 19 has been notified of proposed 39 action under Article 15, Unibase staff judge advocate has reviewed the form Code of Military Justice Article 15, UCMJ action and found it legally sufficient. When requested retire(UCMJ) ment date is earlier than punishment completion date, the recommendation of the commander imposing punishment must indicate that punishment was or will be remitted by the requested date (see notes 3 and 11).
A

U If member

NOTES: 1) If submitted under hardship provisions, enter special program identifier "70." If in the best interest of the Air Force, enter "73." 2) A member, who cannot serve as specified by reason of DOS, must request a retirement date effective
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the 1 st day of DOS month. 3) If a member has applied for retirement and it later develops that a restriction applies, the MPF immediately notifies HQ AFMPC/DPMARR2 (or AFDPOB for colonels and colonel selectees) and the MAJCOM to suspend retirement processing. Instructions under the applicable rule in this table then apply. 4) Officers who carmot justify waiver of the time-in-grade (TIG) requirement, or whose waiver request is disapproved, may ask to retire in the next lower grade held satisfactorily on active duty for at least 6 months. Show such requests in the remarks section of AF Form 1160 over the applicant's signature and include documentation to substantiate waiver of any ADSC. 5) Reserve officers, who are notified they will be released from active duty without their consent and who then apply for retirement and are retired under !0 U.S.C., 8911, are considered to have retired involuntarily. Thus, their retired grade is set according to I0 U.S.C. I370(a)(I), provided any promotion ADSC is waived. 6) For Lt Colonels and Colonels wishing to voluntarily retire in their officer grade, 10 U.S.C. section 1370 (a) (2) reduced the requirement of having 3 years time in grade to 2 years, subject to a 2 percent limit per year. This provision expires in law 30 September 1995 but was extended until 30 September 1999 by P.L. !03-160, section 561; however; as of30 June 1994, DoD has not yet authorized its use beyond 30 September 1995. 7) Members whose overseas tours are extended or curtailed will have their ADSC date adjusted to equal their date eligible for return from overseas (DEROS). 8) See the governing instruction for retirement eligibility criteria, allowable retirement date, and specific processing procedures. 9) When members have an ETS prior to the date they become retirement-eligible, and retirement in lieu of discharge is approved by the Secretary of the Air Force, the Secretary may direct extension of enlistment to allow the member to retire on the 1st day of the month after the month in which 20 years TAFMS is completed. 10) Officers with 20 years TAFMS who have completed less than 10 years (8 years if retired before 30 September 1995) Total Active Federal Commissioned Service (TAFCS) may apply for separation for the purpose of enlisting and retiring in an enlisted grade (see paragraph 3.8.). P.L. 103-160, section 561 extended the provision of requiring only 8 years TAFCS to retire as an officer to 30 September 1999; however, as of 30 June 1994, DoD has not implemented this extension. 11) MPF ensures that officer grade determination action is completed and included with the case being forwarded (see Table 3.2,, note 2). 12) Applications usually are not acted upon between opening of a court-martial and sentencing. When sentence is set aside and a rehearing is authorized, case reverts to Rule 15 until the rehearing starts.

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Table 2.3. Retirement Under 7-Day Option. E C D B RA U L E then the member and has and is and as of If member is no 1 an officer in the selected or nomi-:he training selec- ADSC or an must retire on the ADSCD that will ate AFMPC deterd grade of lieuten-nated to attend antion or nomination mines to be in the educational or PCS notificationexpire within 12 or ant colonel or months after the est interest of the b date is eligible or below (see notes training course, or event notification Force, but no l Air within 12 months has an ASD ! and 2) ater than 12 of being eligible for date months after the retirement event notification date. an ADSCD more is not eligible to than 12 monthsretire under the after the event noti-7-day option (see fication date note 3). the selection orno ADSC or an must retire no later 3 a colonel or colot nomination date orADSCD that will han the first day of nel selectee (see : the ASD, is eligible orexpire within 3 fourth month notes 1 and 4) after the event months after the within 3 months notification date. of being eligiblevent notification e date for retirement an ADSCD more may request waiver than 3 months after the ADSC. If of approved, member the event notificamust retire by the tion date first day of the fourth month after event notification date, or a date determined by HQ AFMPC to be in the best interest ot the Air Force. If waiver is disapproved, member is not eligible to retire under the 7-day option.

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R A U L E

B

C

D

E

If member is 5 enlisted

enlisted

and is and as of and has then the member tour completion ADSCD completing a no must retire on the CONUS maximumdate is eligible for first day of the stabilized tour retirement month following (including tour completion extended or curdate (see note 5). tailed tour date) an ADSCD beyond is not eligible to tour completion retire under the date 7-day option. tour completion ADSCD no must retire on 1st day of the month date is within 1 year of being eligifollowing 20 years ble for retirement TAFMS. an ADSCD beyond is not eligible to 20 years TAFMS retire under the 7-day option. completing anDEROS is eligibleo ADSCD n must retire on the overseas tourfor retirement first day of the month following (including extended or curthe DEROS. tailed tour date) an ADSCD beyond is not eligible to DEROS retire under the 7-day option policy. is selected or nomi- assignment notifi- ADSCD as ofmust retire on or i no I nated for assign-cation date is eligi- retirement date before the first day the ment or training ble or within 6 specified in column of the 7th month while serving in the onths of being: m E after the assignment notification CONUS (includ-eligible for retireing maximum Iment date (see note 5). CONUS tour when reassignment is not in conjunction with tour completion)

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R A U L E

B

C

D

E

If member is 12

and is

then the member and has an ADSCD beyond is not eligible to r the first day of the etire under the 7 seventh month fol- -day option poli lowing the assign-cy. ment notification date must retire on first assignment notifi- ADSCD no day of the month cation date is following 20 years within 7 through 12 TAFMS. months of being eligible for retirement an ADSCD beyond is not eligible to 20 years TAFMS retire under the 7-day option policy and as of

NOTES: 1) Lieutenant colonels and colonels must serve on active duty at least 3 years after the effective date of promotion to be eligible for voluntary retirement in those grades. However, if otherwise eligible to exercise the 7-day option, these officers may request retirement in the next lower grade. Send the signed request, with justification for waiver of any ADSC, by mail as part of the retirement application to HQ AFMPC/DPMARR2, 550 C St W, Ste 11, Randolph AFB TX 78!50-4713 (or AFDPOB, 1040 Air Force Pentagon, Washington DC 20330-1040, for colonels and colonel selectees.) (The FY91 National Defense Authorization Act (NDAA) of 5 November 1990 reduced the requirement of having 3 years of TIG to 2 years and of having 10 years of active commissioned service to 8 years for officers to retire in their current grade. This provision of law expires 30 September 1995. P.L. 103-160, section 561 extended this measure until 30 September 1999; however, as of 30 Jun 94, DoD has not implemented this extension). 2) When officers (lieutenant colonel and below) apply for retirement before being notified of selection or nomination, the requested retirement date may be no later than 12 months from date of application. 3) See paragraph 2.19.4. for retirement under other than 7-day option. 4) Colonels and colonel selectees serving overseas or on a CONUS maximum stabilized tour must retire no later than the first day of the month after DEROS or tour completion date, or on a date determined by HQ USAF/DPO to be in the best interest of the Air Force. 5) Retirement eligible enlisted members who, by reason of DOS, cannot retire the 1st day of the 7th month after assignment notification date must request retirement effective the first day of their current 29 DSA 29

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DOS month. See AFI 36-2606 (formerly AFR 35-t6, volume 1) for conditions under which an enlistment extension may be granted.

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Chapter 3 VOLUNTARY ~TIREMENT IN OFFICER OR ENLISTED STATUS 3.1. Voluntary Authority. Table 3.1. shows the section of law, and the conditions for applying for voluntary retirement. In addition, unless a member receives a waiver ( paragraph 2.18.) or is entitled to retire in a higher grade (paragraph 7.2. and paragraph 7.3.), the member must meet the applicable time-in-grade (TIG) requirements shown in Table 2.2.) and Chapter 7 (per 10 U.S.C. 1370). Note: The FY91 NDAA of 5 November 1990 (presently codified at 10 U. S.C. 891 l[b]) reduced the requirement of having 10 years of active commissioned service to 8 years for officers who want to retire. This provision of law expires 30 September 1995. P.L. 103-160 section 561, extended this measure until 30 September 1999; however, as of 30 June 1994, DoD has not implemented this extension. 3.2. General Procedures. Eligible members may apply for retirement no earlier than 1 year before the desired retirement date, but no later than 120 days plus the desired amount of terminal leave and PTDY. Members may only apply if neither Table 2.1. or Table 2.2. restricts them. EXCEPTION: When the request is under the 7DO (see paragraph 2.19.). Enlisted members ask for a retirement date that falls within their current enlistment or extension of enlistment. 3.2.1. The SAF may prescribe, for specific categories of members, either a longer or shorter application period. 3.2.2. The effective date ofal! nondisability retirements is set by 5 U.S.C. 8301 as the first day of the month after the month in which retirement otherwise would be effective. 3.2.3. The MPF takes the steps in Table 3.2. when processing retirement applications. Check to see if the applicant meets minimum eligibility requirements in Table 3.1. or is limited by restrictions in Table 2.1. or Table 2.2. Explain the effect of any restrictions and waiver procedures. When no restriction exists, give applicants a copy of the Preapplication Checklist ( attachment 7 ) before accepting the AF Form 1160. Answer any questions and have members sign the checklist to show that they understand the information provided. Put a signed copy of the Preapplication Checklist in Section 3 of the Unit Personnel Records Group (UPRG). 3.2.3.1. By message (during MINIMIZE, by mail), the MPF notifies the Colonel's Group (AFDPOB) when any colonel or colonel selectee applies for retirement. Send an information copy of the message to the MAJCOM Director of Personnel (DP) and to the intermediate level headquarters DP. Include the date of the application, requested date of retirement, the member's duty Air Force specialty code (AFSC), and the date on which terminal leave or PTDY (or both) will begin, if applicable. 3.2.3.2. The MPF makes sure that the AF Form 1160 is accurate and complete according to instructions on the AF Form 1160. Make sure that justification of any waiver request meets the requirement of Chapter 2, Section 2C. 3.2.3.3. In cases involving more than one waiver or one special program, the MPF shows in the remarks section of the PDS transaction all waiver codes and special program ID codes, for example, "WR30," "SP70." If any retirement action involves a request for waiver of a restriction, withdrawal of an application, or change of retirement month, enter the proper code in the PDS transaction. Note: HQ AFMPC holds these transactions pending receipt of the AF Form 1160 31

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by tnaiL They won't act on requests without a matching PDS transaction. ( EXCEPTION: Officer applications submitted under the 7DO program are processed before receipt of the AF Form 1160.) 3.2.3.4. The MPF chief may designate the noncommissioned officer in charge (NCOIC), Personnel Relocations Element, or any member in the grade of at least a TSgt or equivalent civilian grade, as an authorized person to sign AF Form 1160, section III. 3.2.4. HQ AFMPC/DPMARR2 (or AFDPOB for colonels and colonel selectees) tells the MPF by PDS entry, by correspondence, or by issuing retirement orders, of the approval or disapproval decision. 3.2.5. A member who has applied for voluntary retirement: ¯ Remains liable for assignment or training within the limits of the retirement date. ¯ May not incur a voluntary service commitment that goes past the retirement date without withdrawing the application or getting an approved change in the retirement month. ° May become ineligible for promotion. ¯ May become ineligible to reenlist. 3.3. Application by Members Assigned to Geographically Separated Unit (GSU). G S U or d erl y room personnel help members to fill out AF Form 1160, section I, and arrange for a medical examination, if elected or required, as shown in Table 3.2. The GSU sends the AF Form 1160, with 1 copy, to the member's servicing MPF. 3.3.1. If a restriction in Table 2.2. applies, the GSU sends a request for waiver or other documents with the application. 3.3.1.1. If the member's commander is: o On the GSU's base, the GSU also sends the commander's recommendation. ¯ Not on the same base, the servicing MPF asks the commander for the recommendation. 3.3.1.2. The GSU advises the commander about the member's application (as shown in Table 3.2.) even if the commander doesn't need to make a recommendation. 3.3.2. When the AF Form 1160 comes back to the MPF from the unit, the MPF processes it as shown in Table 3.2. 3.4. Application by General Officers. A general officer applies for retirement by sending a personal, handwritten letter to the Chief of Staff, or the HQ USAF DCS, Personnel, at least 4 months before the desired effective date. 3.4.1. Ordinarily, Brigadier or Major Generals must have served on active duty in the grade from which they are retiring for not less than 3 years. 3.4.1.1. The President may waive this time in cases involving extreme hardship or exceptional or unusual circumstances. 3.4.1.2. Officers who don't meet the time requirement retire in the next lower grade held on active duty satisfactorily for at least 6 months, as determined by the SAF.

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3.4.2. Lieutenant Generals or Generals serving or having served in positions of importance and responsibility designated by the President to carry these grades, may, at the discretion of the President, be retired, by and with the advice and consent of the Senate, in the highest grade held while serving on active duty. 3.5. Application by Members of Reserve Components Not on Extended Active Duty. T h e M A JCOM for Air National Guard (ANG) members is the National Guard Bureau, Director of Personnel, (NGB/DP). For Air Force Reserve members, it is Headquarters Air Reserve Personnel Center (ARPC). 3.5.1. Authorities for Retirement. 3.5.1. t. ANG and Air Force Reserve enlisted members who accrue at least 20 years of active military service may retire under 10 U.S.C. 8914. 3.5.1.2. ANG and Air Force Reserve officers must have at least 20 years of active military service and also have 10 years active commissioned service (8 years if retiring between 1 October 1990 and 30 September 1995. P.L. 103-160 section 561 extended this measure until 30 September 1999; however, as of 30 June 1994, DoD has not implemented this extension). They retire under 10 U.S.C. 8911. 3.5.1.3. Chapter 9 addresses Air Reserve Component members entitled to retired pay benefits at age 60, under 10 U.S.C. 1331. 3.5.2. Air Force Reserve members apply for retirement using AF Form 1160. Obtain the form from one of these sources: ¯ The servicing MPF. ¯ The consolidated Reserve personnel office (CRPO). ¯ HQ ARPC/DPAR, 6760 E Irvington Place, #1900, Denver CO 80280-!900. 3.5.3. Send the AF Form 1160 at least 90 days, plus any planned PTDY and terminal leave, before the desired retirement date. Fill in items 1 through 4 and 11, showing the member's home address in item 4 rather than the unit of assignment. Check the applicable block in item 10 to acknowledge member's transfer or current assignment to the Retired Reserve. 3.5.4. Submitting Applications. Send applications: AFMPCi o From Reserve component members on extended active duty (EAD) to HQ DPMARR2. ¯ From non-EAD Reserve component members to HQ ARPC/DPAR. ° From Air National Guard (ANG) component members to HQ ARPC/DPAR with a copy to The Adjutant General of their state. 3.5.5. Reserve component members don't need a medical examination. 3.5.6. After receiving the AF Form 1160, HQ ARPC will: o Establish a case file, prepare an audit to verify service, prepare a statement of service and attach it to the AF Form 1160. ¯ Forward pay application forms to the member and upon receipt, send the completed pay documents to the Defense Finance and Accounting Service, Cleveland Center (DFAS-CL). 33 DSA 33

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o ¯

Publish retirement order and send copies to the member, CRPO, DFAS-CL, and others as appropriate. Prepare retirement certificates to mail with the orders and updates the PDS.

3.5.7. Air Force Reserve component members, retiring under 10 U.S.C. 8911 or 8914, must comply with other chapters of this instruction as applicable. For example, in Table 2.2., rules 2, 3, 4, and 10 through 19 apply to these members; the remaining rules in that table do not apply due to the nature of the Reserve assignment system.
3.6. Application for Release From Active Duty to Revert to Retired Status. Release a member, who was called back to active duty from retired status for a specific period, on the last day of that duty and return the member to retired status on the next day. Release a recalled enlisted member who completes 30 years TAFMS or reaches 55 years of age, on the last day of the month when either occurs. Return the member to retired status the next day.

3.6.1. HQ AFMPC/DPMARR2 (or AFDPOB for colonels) starts release action 8 months before the date of release by sending a notice to the MPF. 3.6.1.1. The MPF processes the applications of members who ask for release before completing their specific or indefinite tour as shown in Table 3.2:
3.7. Retired Pay Increase Due to Extraordinary Heroism. Deeds of extraordinary heroism may entitle an enlisted member to receive 10 percent additional retired pay. 3.7.1. An enlisted member who receives the Medal of Honor, the Air Force Cross, or an equal Army or Navy decoration, receives the additional 10 percent in retired pay. 3.7.2. Those enlisted members who have the Silver Star, the Distinguished Flying Cross (DFC) for heroism in a noncombat action, or the Airman's Medal, may ask for a Secretarial decision on whether extraordinary heroism was involved and on award of the additional 10 percent retired pay. 3.7.3. Enlisted members who receive other decorations don't get the 10 percent increase even if the award involved heroism or heroic achievement. 3.7.4. Even though the enlisted member qualifies for the 10 percent increase, the total amount of retired pay can't be more than 75 percent of the member's active duty basic pay at the time of retirement. 3.7.4.1. Don't add this 10 percent to the basic pay multiplier; it is an additional 10 percent of the already calculated retired pay. 3.7.5. If an enlisted member claims extraordinary heroism, the MPF screens the member's records to see if it includes a Secretarial decision.

3.7.5A. If the record established extraordinary heroism and the member qualifies for the t 0 percent increase, fill in AF Form 1160, section I, and check the appropriate block in item 7. Attach the order or letter authorizing the additional retired pay. 3.7.5.2. If the records show no prior review, fill in AF Form 1160, Section I, and check proper block in item 7. Then: ¯ Attach a copy of order awarding the decoration and the official citation. 34

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¯ o ¯ ¯

If the award documents aren't in the records, get these documents from the member: ¯ A citation or a statement by the enlisted member describing the act of heroism. ¯ A narrative recommendation for award of the decoration, if available. ¯ Any other related documents or facts the enlisted member may have that add to the data the Secretary needs in making the decision.

3.7.5.3. Mail the AF Form 1160 with appropriate documents to HQ AFMPC/DPMARR1. 3.8. Officers Desiring Retirement in Enlisted Status. Officers with 20 years TAFMS who wish to retire before completing 10 years of active commissioned service (8 years if retired before 30 September 1995. P.L. 103-160, section 561 extended this measure until 30 September 1999; however, as of 30 June 1994, DoD has not implemented this extension) must first be separated according to AFI 36-3207, Administrative Separation of Commissioned Officers (formerly AFR 36-12). They must also be accepted for, and enlisted in the Regular Air Force for the purpose of retirement. 3.8.1. The officer sends the resignation or request for release to the Separations Branch (HQ AFMPC/DPMARS) to be effective 3 calendar days before desired retirement date. 3.8.2. The MPF attaches a signed AF Form 1160 with these entries left blank: grade (item 3), effective date of retirement (item 11), and dates under items 12 and 14. The MPF also submits a separate letter requesting grade determination for enlistment. 3.8.3. After the approval of the officer's resignation or release, the Enlistment and Reenlistment Branch (HQ AFMPC/DPMAPE) makes a determination as to enlisted grade and sends enlistment authorization to the servicing MPF. 3.8.4. HQ AFMPC/DPMARS sends the AF Form 1160 to HQ AFMPC/DPMARR2. 3.8.5. When the member enlists in the Regular Air Force for the purpose of retiring, HQ AFMPC/ DPMARR2 fills in the authorized enlisted grade in item 3 and the dates in items 11, 12, and 14 of the AF Form 1160. Only then does the completed AF Form 1160 become a valid application for retirement. At that time, HQ AFMPC!DPMARR2 publishes retirement orders and gives the MPF the special order number and fund citation by telephone. 3.8.5.1. The MPF must tell the officers they won't be able to take terminal leave or PTDY. Members must have retirement orders in hand before they can depart in a PTDY or leave status. Because orders under sub paragraph 3.8. aren't published before the date of enlistment, PTDY or terminal leave isn't possible. 3.9. Immediate Retirement of Members Removed From the Temporary Disability Retired List (TDRL). Eligible members removed from the TDRL may ask for retirement for years of service or age upon removal from the TDRL (see AFR 36-3212, Physical Evaluation for Retention, Retirement, and Separation, paragraph 7.27 [formerly AFR 35-4]). 3.9.1. The USAF Physical Disability Retirements Division (HQ AFMPC/DPMAD) notifies the TDRL member of the Physical Evaluation Board (PEB) recommendation for removal from TDRL for the member's review and comments. 3.9.2. After the TDRL member responds, HQ AFMPC/DPMAD submits the case for Secretarial determination. 35

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3.9.3. A member so released initiates a request for retirement and returns the request to HQ AFMPC/ DPMAD to complete the processing. 3.9.4. HQ AFMPC/DPMAD advises HQ AFMPC/DPMARR2 to issue orders effecting member's removal from the TDRL the last day of the month and service retirement on the 1st day of the following month. HQ AFMPC/DPMARR2 provides a copy of retirement order to HQ AFMPC/DPMAD who sends it to member. 3.10. Suspension or Curtailment of Voluntary Retirement Due to National Emergency (Stop Loss). When an emergency requirement makes it necessary to minimize active duty losses, the Air Force may suspend certain voluntary retirements. Members may be involuntarily retained as specified in 10 U.S.C. 671b when Congress is not in session, having adjourned sine die, and the President determines that it is in the national interest to do so. 3.10.1. When notified by the Officer Po!icy Division (HQ USAF/DPXO) and the Enlisted Policy Division (HQ USAF/DPXE) to suspend active duty losses, HQ AFMPC/DPMAR announces suspension of retirements by AIG message (includes MINIMIZE). 3.10.2. The Force Management Division (HQ USAF/DPXF) determines if the suspension will be either across the board or selective. NOTE. Officers with 20 years [minimum of 15 years if eligible and retiring under the early retirement Program that ends 30 September 1995 (P.L. 102-484), and extended until 30 September 1999 (P.L. 103-160 section 561); DoD has not yet implemented this extension beyond 30 September 1995, therefore, the Air Force can only use this provision until 30 September 1995] active service who wish to retire before completing required years of active commissioned service must retire in enlisted status. The 30 September 1995 expiration of the 8 years commissioned service for retirement purposes was also extended until 30 September 1999 by P.L. 103-160 section 561, but DoD has not yet implemented this extension either. See AFIs 36-3207 (formerly AFR 36-12), and 36-2002 (formerly AFR 33-3), for requesting separation in order to enlist in the Regular Air Force for the purpose of retirement. Table 3.1. Voluntary Retirement. R A U L E If member is a

C

then authority forand approval is at retirement is 10 U.S.C. 1 Regular or Reserve officer who has at least 20 years active 8911 discretion of the] service (minimum of 15 years if eligible and retiring SAF or designee. under the early retirement program that ends 30 September 1995), including 10 years active commissioned service (8 years if retiring between 1 October 1990 and 30 September 1995) and meets the time in grade requirements shown in paragraph 3.1. (see note)
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R A U L iE

B

C

2 3 4

5

6

then authority for and approval is at retirement is 10 U.S.C. discretion of SAF or Regular officer who has at least 30 years active service8918 as designee. of retirement date member' s request. 8924 Regular or Reserve officer who has at least 40 years active service as of the retirement date discretion of SAF or Regular enlisted member who holds valid appointment8911 as designee. Reserve officer and who has active commissioned service as prescribed in rule 1 8914. Regular or Reserve enlisted member who has at least 20 years (minimum of 15 years if retiring under the early retirement program that ends 30 September 1999) but less than 30 years active service as of retirement date member's request. 8917 Regular enlisted member who has at least 30 years active service as of retirement date If member is a

Table 3.2. Preparing And Processing Application For Voluntary Retirement. R U L E A B ~C and the [then the MPF If the per- and member is sonnel retiring in action involves using the AF Form ! 160 as a source 1 applicationofficer status completes section I of AF Form d 1160 according to instructions onocument, enters PTI 958 within 1 for volunworkday after the AF Form 1160 is tary retirereverse of form; sends AF Form returned from the unit. Files origi1160 to member's unit for complement a tion of section II; completes sec- al of AF Form 1160 in the UPRG as a permanent document, and holds tion III of AF Form 1160 (see note a 1). When there is information thatcopy pending receipt of AFMPC decision. would raise doubts that the officer served satisfactorily in the higher grade, the MPF ensures the commander notifies officer that AFPC will make a grade determination (paragraphT.5.) (see note 2)

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enlisted statuscompletes section I of AF Form 1160; if necessary, extends member's enlistment according to AFI 36-2606 (formerly AFR 35-16), so that DOS is at least equal to requested retirement date; when applicable, enters "Highest Grade Held on Active Duty" in the PDS; obtains documents for use in making a grade determination for advancement consideration (see note 3); when PTI 958 includes !ost: time during current enlistment, reports inclusive dates and sends supporting documents to HQ AFMPC/DPMDOA, 550 C Street West, Ste 20, Randolph AFB TX 78150-4722; sends AF Form 1160 to member's unit for completion of Section II; completes Section III ofl AF Form 1!60 (see note 1) when a restriction is involved, helps officer or makes sure that the PDS transaction enlisted statusmember to define and document contains both the waiver code and a waiver request (documentation not special program ID, when applicarequired when requested retirement] and the date AF Form t 160 was ble, date is the 1st day of member's Sends copy of AF Form 1160, sent. DOS month); includes expiration with documentation, to HQ date and specific reason for a serAFMPC/DPMARR2 (or to AFDvice commitment; obtains recomPOB for colonels and colonel mendation and supporting reasons selectees) routing through the MAJCOM only when a restriction as from member's commander (see note 1) defined in Table 2.2., rules 11 through 19 applies. Files original of AF Form 1160 in UPRG as a permanent document and suspenses copy pending receipt of HQ AFMPC decision.

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election ofofficer or a medicalenlisted status examination

5 nonelec-

tion of a medical examination
6 a request~ for change of retirement month (PTI 951)

notifies those members scheduled notifies medical facility that memfor ber has requested a medical exam- medical examination by the medical facility. Complies with ination. The medica! facility uses Chapter 5 and AFI 36-2102 (forthe instructions in AFI 48-123 (formerly AFR 35-17). merly AFR 160-43) to determine the requirement and scope of the medical examination. If the facility schedules an examination, it may be :no more than 1 year and no later than 60 days .before retirement unless approved by HQ AFMPC/ DPMMM (Surgeon) determines when the criteria when examination is required, notiin fies paragraph 5.1. require an examina- the member of examination appointment furnished by the medtion; when required, schedules the examination as prescribed by rule ical facility, according to Chapter 4 5 in this AFI and AFR 36-2102. in this table makes sure the PDS transaction completes section I of AF Form contains the special program ID 1160 according to instructions on (and reverse of form; includes the expi- waiver code, when applicaration date and specific reason for ble), and the date AF Form 1160 a was sent. Using a copy of AF Form service commitment; obtains rec1160 as a source document, inputs ommendation of member's comPTI mander (when waiving rules in 95A or 95B, as appropriate, within ! workday after the unit Table 2.2.), to include reasons for returns the AF Form 1 !60. Sends the recommendation; completes original of AF Form 1160 with Section III of AF Form ! 160 (see documentation (only for withdrawnote 2) als, extensions, or acceleration requiring waiver) to HQ AFMPC/ DPMARR2 (AFDPOB for colonels ~nd colonel selectees), routing through the MAJCOM only when a. restriction as defined in Table 2.2., rules 11 through 19 applies. Files copy of AF Form 1160 in the UPRG as a temporary document and suspenses copy pending receipt of AFMPC decision.

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reporting any other circumstance that would alter the effect o the applica tion or a previous request 9 receipt of officer or on receipt of RiP from HQ AFMPCon receipt of signed first endorsement from member, files in UPRG. Report on ~nlisted statusnotifies member of decision Individual Personnel (RIP)-Retir ement Action Notification attaches required documents and checks the appropriate block in item 10 'a claim for enlisted status extra-ordi7 of AF Form 1160 when extraordi-sends copy of AF Form 1160 to HQ AFMPC/DPMARR1. When not in nary heroism is claimed or has been l nary heroconnection with a retirement appliestablished; refers to paragraph 3.7. ism cation, sends documents with the for information and action origina! of AF Form 1160. NOTES: 1. MPF makes sure AF Form 1160 goes to and returns from the unit within 7 workdays after the member signs the application. Upon receiving a retirement application with questionable information that raises doubt the officer served satisfactorily in the higher grade, the MPF will notify the member's commander. The commander then informs the member that the AFPC will make a grade determination ( paragraph 7.5.). The MPF sends the commander's recommendation and the officer's comments with the retirement application to HQ AFMPC~PMARR2 (or to AFDPOB for colonels). Within 5 workdays after updating PTI 958, the MPF mails copies of these documents to HQ AFMPC/DPMARR2: i. The order promoting member to the highest grade held; ii. The order or other documents effecting demotion; and iii. All of the member's enlisted performance reports (APRs or EPRs) while serving in the higher grade (include copy of the APR/EPR written fol!owing demotion action if member served at least 6 months in the higher grade during the period of the report).

4O

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