AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

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97-02392 

DOCKET NUMBER: 
COUNSEL:  None 
HEARING DESIRED:  NO 

AU6 14 1998 

APPLICANT REOUESTS THAT: 

A  waiver  of  12  days  be  granted  to  meet  the  15  year  minimal 
requirement for early retirement under the provision of the FY 95 
National Defense Authorization Act. 

APPLICANT CONTENDS THAT: 

Because of the bureaucratic process that took almost one year to 
complete,  while  at  the  same  time,  denying  him  the  right  to 
participate in any drill or activity, he lacked 12 days to meet 
the fifteen years of service.  Having served and devoted over 14 
years, 11 months and 18 days of his life to the Air Force and the 
Reserves,  it  would  be  in  the  best  interest  of  the  Reserves, 
himself and family that he be granted a waiver of the remaining 
12 days.  He thinks that it is only fair, just and equitable to 
grant the waiver, instead of granting him the status of "Honorary 
Retired  Reserve"  without  just  compensation or  the  benefits  he 
deserves. 
In support of the appeal, applicant submits a statement from the 
4 4   APS/CC  stating that applicant received contradictory guidance 
in regard to his ability to participate.  On 1 August  1994,  he 
was  detailed  by  Captain  M---  to  return  to  light  duty  until 
1 January  1995  at  which  time  this  restriction  was  to  expire. 
Unfortunately, even though applicant had a document allowing him 
to return to light duty, he was instructed by the Health Services 
Management  Supervisor  not  to  participate  until  a  final  board 
hearing was reached.  Due to the excellent performance rendered 
to  the Air  Force Reserves by  the  applicant, and  the  confusing 
guidance  he  received  which  precluded  him  from  amassing  the 
additional  12  man-days  necessary  to  qualify  for  the  medical 
retirement through no fault of his own, he  requests that strong 
consideration be given to waiving the 12 day shortfall and grant 
applicant a medical retirement. 

Applicant's complete submission is attached at Exhibit A. 

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97-02392 

STATEMENT OF FACTS: 

The  applicant  enlisted  in  the  Regular Air  Force on  1 February 
He  was  honorably  discharged  on  31  January  1972  and 
1968. 
transferred  to  the  United  States  Air  Force  Reserve  (USAFR). 
Applicant  served  a  total  of  4  years  of  active  service. 
On 
21 March 1981 he enlisted in the Air Force Reserve  (AFRES) in the 
grade of sergeant. 

On 1 August 1994, applicant was placed in a physical  "4" profile 
status  (no lifting, physical  training,  strenuous  activity, or 
loading cargo out of  doors) pending  a Medical  Evaluation Board 
for Reactive Airway Disease.  When a reservist's profile contains 
a  "4," the member  is restricted from  reserve participation for 
pay  or  points. 
Release  date  of  temporary  profile  or  duty 
restrictions was 1 January 1995. 

On 31 May 1995, applicant was notified of his '4"  profile because 
of  Reactive  Airway  Disease  and  his  restriction  from  military 
participation for pay or points until a final determination was 
made by HQ AFRES/SGP. 

On  26  June  1995,  HQ  AFRES/SGP,  found  applicant  was  medically 
disqualified  for  worldwide  duty  by  reason  of  Reactive  Airway 
Disease. 

On  12  July  1995,  applicant  was  notified  that  he  had  been 
certified  by  the  appropriate  AFRES  Surgeon  as  physically 
disqualified  from  worldwide  duty  and  did  not  meet  the 
requirements for retention  in  the  AFRES.  He  was  advised  that 
separation action had been  initiated for the  specific reason of 
Reactive Airway Disease. 

On  30  August  1995,  applicant  was  transferred  to  the  Retired 
Reserve  (Honorary).  Applicant had  14  years, 11 months, and  18 
days of satisfactory service. 

Title 10, USC Para 12731a authorizes early retirement to a member 
who  has  at  least  15  but  less  than  20  years  of  satisfactory 
service  who  no  longer  meets  the  physical  qualifications  for 
membership in the Selected Reserve. 

AIR FORCE EVALUATION: 

The Chief, Military Personnel Division, Directorate of Personnel, 
AFRC/DPM,  reviewed  the  application  and  states  that  although 
applicant's  request  for correction of military  records contains 
no documentation of his placement on "light duty," it  is highly 
likely  that  his  active  duty  treating  physician  may  have 
erroneously given  him  verbal  approval  to  perform  "light  duty" 
since an active duty physician would not likely be  aware that a 

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97-02392 

\\4,,  physical  profile  restricts  reservists  from  reserve 
participation  for  pay  or  points,  and  the  Health  Services 
Management Supervisor's  instructions to not  participate  for pay 
or  points  were  consistent  with  reserve  policy  governing 
reservists placed  on  a  \\4,' physical  profile.  Although  it  is 
unfortunate that applicant's years of service fall just short of 
having the minimum 15 years service required for early retirement 
eligibility, they  must  recommend  denial  of  his  request.  They 
have  from  time  to  time  processed  other  reservists  for 
administrative discharge for physical disqualification where the 
member  also  falls  just  short  of  having  the  minimum  15  years 
service required  for early  retirement  eligibility.  Therefore, 
they recommend denial of applicant's request. 
A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
A  complete copy of the Air Force evaluation was forwarded to the 
applicant on 22 December 1997, for review and response.  As of 
this date, no response has been received by this office. 

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.  The 
Board is of the opinion that in view of the fact that applicant 
needs only 12 days in order to qualify f o r   early retirement under 
Title 10, USC Para 12731a, is unjust.  Title 10, USC Para 12731a 
authorizes early retirement to a member who has at least 15 but 
less than 20 years of  satisfactory service who no  longer meets 
the  physical  qualifications  for  membership  in  the  Selected 
Reserve  and we  believe  the  applicant  falls into this category, 
with  the  exception  of  lacking  12  days  to  meet  the  15  year 
minimum.  Due to circumstances beyond his control and in view of 
the  above  findings,  we  recommend  the  applicant's  records  be 
corrected to the extent indicated below. 

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97-02392 

THE BOARD RECOMM ENDS THAT: 
The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that: 

a.  On  30  August  1995,  he  was  not  placed  on  the  Retired 

Reserve  (Honorary) list .. 

b.  For retirement year ending  (RYE) 13  October  1995,  he 
was awarded an additional 12 nonpaid Inactive Duty Training (IDT) 
training points  f o r   a total of  35  IDT points .and 15  membership 
points, 50 total and retirement points and a year of satisfactory 
Federal Service. 

c.  On  14  October  1995,  he  was  found medically unfit  for 
continued military service and was relieved from the Air National 
Guard  and  Air  Force  Reserve  on  15  October  1995,  under  the 
provisions of Title 10, United States Code, Section 12731a, and 
retired in the grade of technical sergeant, with entitlement to 
retired pay at age 60. 

The following members of  the Board considered this application in 
AF I 
Executive  Session on 10 June  1998,  under the provisions of 
36-2603 : 

Ms. Martha Maust, Panel Chair 
Mr. Gregory H. Petkoff , Member 
Mr. Michael P. Higgins, Member 

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

The 

Exhibit A.  DD Form 149, dated 1 Aug 97, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, AFRC/DPM, dated 21 Nov 97. 
Exhibit D.  Letter, AFBCMR, dated 22 Dec 97. 

MhTHA M A U d  
Panel Chair 

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DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 97-02392 

AllG 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: 

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

a.  On 30 August 1995, he was not placed on the Retired Reserve (Honorary) list. 

b.  For retirement year ending (RYE) 13 October 1995, he was awarded an additional 

12 nonpaid Inactive Duty Training points for a total of 3 5 Inactive Duty Training points and 1 5 
membership points, 50 total and retirement points and a year of satisfactory Federal Service. 

c.  On 14 October 1995, he was found medically unfit for continued military service 
and was relieved from the Air National Guard and Air Force Reserve on 15 October 1995, under 
the provisions of Title 10, United States Code, Section 1273 1 a, and retired in the grade of 
technical sergeant, with entitlement to retired pay at age 60. 

v  Air Force Review Boards Agency