, 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  97- 02288 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

AUG 1 4  1998 

APPLICANT REOUESTS THAT: 

His Air  Force Reserve  time, before  he went  on active duty, be 
moved to the end of his active duty in order for his last six (6) 
years of service be reflected as Air Force Reserve time. 

APPLICANT CONTENDS THAT: 

He was  found physically  disqualified  from  further Air  National 
Guard  (ANG) service and was involuntarily separated.  He states 
he  was  informed  that  since  he  had  16  years  of  service, being 
involuntarily  separated,  he  would  be  eligible  for  reduced 
retirement pay at age 60.  He was later informed by Headquarters 
Air  Reserve  Personnel  Center  (HQ ARPC)  that  he  would  not  be 
eligible  for  retired  pay  because  his  last  six  (6) years  of 
service was not in the Reserve. 

Applicant's submission is attached at Exhibit A. 

STATEMENT OF FACTS: 
The relevant facts pertaining to this application, extracted from 
the  applicant's military  records, are  contained  in the  letters 
prepared  by  the  appropriate office of  the Air  Force Office  of 
Primary Responsibility  (OPR) .  Accordingly, there is no need to 
recite these facts in this Record of Proceedings. 

AIR FORCE EVALUATION: 
The  Director of  Personnel  Program Management, Headquarters Air 
Reserve Personnel Center  (HQ ARPC/DPAR), states that  the Fiscal 
Year  (FY) 1995 National  Defense Authorization Act,  signed  into 
law on 5 October 1994, authorized members who have completed at 
least 15 but less than 20 years of satisfactory Federal service, 
and who are medically disqualified for retention in the military 

service, early qualification for retired pay at age 60 under the 
provisions of Title 10, U.S.C., Section 1273a. 
Applicant  submitted an AF  Form 131, Application for Transfer to 
the Retired Reserve by reason of physical disqualification to be 
effective  on 15 October 1997.  He  states he  was  informed that 
since  he  had  16  years  of  service and  was  being  involuntarily 
separated that he would be eligible for reduced retirement pay at 
age 6 0 .  
Applicant's records show that  he will  have  16 years, 2 months, 
and 20 days of satisfactory service on 15 October 1997.  However, 
he does not meet  the requirement of having the last  6  years of 
qualifying  service  in  a  Reserve  component. 
HQ  ARPC/DPAR 
recommends  his  request  be  approved. 
Applicant  participated 
satisfactorily until  he was  found  to be  medically  disqualified 
for worldwide duty and was no longer able to participate. 

A copy of the Air Force evaluation is attached at Exhibit C. 

Based  on the applicant's voluntary  release from active duty on 
27 July  1992,  for  which  he  received  the  Special  Separation 
Benefit  (SSB)  lump  sum  payment,  the  AFBCMR  requested  an 
additional advisory opinion.  It was requested that his records 
be  reviewed  and  a  determination  made  as  to  whether  or  not 
applicant  would  have  been  eligible  for  the  Special  Separation 
Bonus  (SSB) should  the  active  service period  be  changed.  The 
AFBCMR  also  requested  a  determination  be  made  that  if  the 
applicant's records were  corrected by  changing his  active duty 
time to Reserve time, and if  found that he would not have been 
eligible  for the  SSB  lump  sum payment, would  the Air  Force be 
required to recoup the SSB payment. 

ADDITIONAL AIR FORCE EVALUATION: 

The  Chief,  Retirements  Branch,  HQ  AFPC/DPPRR,  states  that  the 
applicant's  records  were  reviewed  and  it  was  found  that  the 
applicant  was  not  eligible  for  SSB  under  the  Fiscal  Year 
1992/1993  (FY92/93) drawdown policy.  In order to be eligible for 
SSB,  applicant's  Total  Active  Federal  Military  Service  Date 
(TAFMSD) had  to  be  31  December  1983;  applicant's  TAFMSD  is 
11 April  1984.  However, Title 10 U.S.C., Section 1174 states a 
member  must  have  six  but  less  than  twenty  years  of  active 
service.  So, by law  (Section 1174) ,  the applicant was eligible 
for SSB.  They cannot say how or why the applicant was approved 
for SSB in FY92 without meeting Air Force policy guidelines, but 
they  can  say that  he  did  meet  the  requirements as outlined  in 
Section 1174.  It  is possible  the applicant was  approved as an 
exception to policy by  the Secretary of the Air  Force Personnel 
Council,  although  this  cannot  be  verified  since  there  are  no 
records from that time. 

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Since the applicant would  be  eligible  for the SSB  even  if  his 
service  dates  change,  recoupment  of  monies  is  not  necessary. 
Section  1174a  and  1174h  states  that  a  member  who  received 
separation pay  and  later qualifies for retired or retainer pay 
will have deducted the total amount of separation pay. 

A  copy  of  the  additional Air  Force  evaluation  is  attached  at 
Exhibit D . 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 
A  copy of  the additional Air  Force evaluation was  forwarded to 
the applicant on 18 May  1998 for review and response within  30 
days.  As  of  this date, no response has been  received by  this 
off ice. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 
2.  The application was timely filed. 
3.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice 
warranting favorable consideration to applicants request.  After 
a  thorough  review  of  the  evidence  of  record  and  applicant's 
submission, we note that when the applicant was  found medically 
disqualified  for  retention  in  the  military  service  he  was 
informed  that  since he  had  16  years of  service  and  was  being 
involuntarily  separated,  he  would  be  eligible  for  reduced 
retirement  pay  at  age  60.  However,  after  he  submitted  his 
application  for transfer  to  the  Retired  Reserve,  it  was  found 
that since he did not meet the requirement of having the last six 
years  of  qualifying  service  in  a  Reserve  component,  he  was 
ineligible  for  early  retirement  under  the  Reserve  Transition 
Assistance  Program  (RTAP) . 
HQ  ARPC/DPAR  recommends  the 
applicant's  request  be  approved  and  we  agree. 
Applicant 
participated satisfactorily until  he  was  found  to  be  medically 
disqualified  for  worldwide  duty  and  was  no  longer  able  to 
participate.  Therefore, we recommend the applicant's records be 
corrected to the extent indicated below. 

THE BOARD RECOMMENDS THAT: 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that: 

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a.  On  7  March  1991,  he  was  honorably  released  from active 
duty  in  the  Regular  Air  Force,  received  a  Special  Separation 
Bonus  (SSB) under the provisions of Title 10, U. S. Code, Section 
1174  (h) and 1174a. and, was transferred to the Air Force Reserve 
in the grade of staff sergeant. 

b.  He  enlisted  in  the  U.  S. Air  Force  Reserve  on  8  March 
1991 through 27 July 1992 with the component-Reserve in the grade 
of staff sergeant. 

The following members of the Board considered this application in 
Executive Session on 4 August  1998, under the provisions of AFI 
36-2603 : 

Ms. Martha Maust, Panel Chair 
Mr. Richard A. Peterson, Member 
Mr. Patrick R. Wheeler, Member 

All  members  voted  to  correct  the  records, as 
following documentary evidence was considered: 

recommended.  The 

Exhibit A.  DD Form 149, dated 25 Jul 97, w/atchs. 
Exhibit B.  Applicant's Microfiche Records. 
Exhibit C.  Letter, HQ ARPC/DPAR, dated 30 Sep 97. 
Exhibit D.  Letter, HQ AFPC/DPPRR, dated 4 May 98, 
Exhibit E.  Letter, AFBCMR, dated 18 May 98. 

w/atchs. 

MAUST ' 

&THA 
Panel Chair 

4 

. 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 97-02288 

AUG 1 4  1998 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for Correction 

of Military Records and under the authority of Section 1552, Title 10, United States Code (70A 
Stat 116), it is directed that: 

itary records of the Department of the Air Force relating to 
corrected to show that: 

a.  On 7 March 199 1, he was honorably released from active duty in the Regular Air 

Force, received a Special Separation Bonus (SSB) under the provisions of Title 10, U. S. Code, 
Section 1 174 (h) and 1 174a. and, was transferred to the Air Force Reserve in the grade of staff 
sergeant. 

b.  He enlisted in the U. S. Air Force Reserve on 8 March 1991 through 27 July 

1992 with the component-Reserve in the grade of staff sergeant. 

I/ Air Force Review Boards Agency 

Director 

U