RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01275
INDEX CODE: 136.00
(Deceased) COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husband’s records be corrected to reflect he was retired
after 20 years of service and she receive his retired pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons applicant believes she has been the victim of an error
and/or an injustice are contained in her complete submission, which is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Relevant facts pertaining to this application, extracted from the
deceased member’s military records, are contained in the letters
prepared by the appropriate offices of the Air Force. Accordingly,
there is no need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Director, Health Services Individual Reserve Programs, HQ ARPC/SG,
reviewed this appeal and recommends denial because the separation was
for just cause.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 3 August 1998 for review and comment within 30 days. The
applicant’s daughter requested an extension via electronic mailgram
(EMail) dated 14 September 1998. On 15 September 1998, the AFBCMR
Staff granted an extension up to 15 October 1998. As of this date, no
response has been received by this office.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The Acting Director, Health Services Individual Reserve Programs, HQ
ARPC/SG again reviewed the appeal and provided an analysis of the
case. Using current Department of Defense guidance and medical
standards, AFI 48-123 still lists diabetes as a disqualifying
condition. The Acting Director recommends the application be denied.
A complete copy of the additional evaluation is at Exhibit E.
The Chief, Retirements/Separations Division, HQ ARPC/DPA, explains the
eligibility for Reserve retired pay under the provisions of Title 10,
USC, Section 12731. While the deceased member’s military personnel
record indicates he completed 19 years, 10 months and 19 days of
honorable Federal service, only 17 years, 10 months, and 19 days of
this time is satisfactory service. The deceased member was not
eligible for Reserve retired pay under Section 12731. Further, the
Section 12731a, Temporary Special Retirement Qualification Authority,
became effective on 5 October 1994; therefore, the applicant, who
separated on 30 June 1962, is not entitled to retire under this law.
Denial is recommended.
A complete copy of the additional evaluation is at Exhibit F.
_________________________________________________________________
APPLICANT’S REVIEW OF ADDITIONAL EVALUATIONS:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 28 March 1999 for review and comment within 30 days.
Apparently the applicant’s daughter wrote to her Senator on 12 January
1999 and the applicant wrote to the same Senator on 27 January 1999.
The Senator forwarded these letters to the Office of the Secretary of
the Air Force, Legislative Affairs (SAF/LLI), who in turn forwarded
them to the AFBCMR’s intake office at Randolph AFB.
The letters to the Senator are at Exhibit H.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that her late husband’s records should be altered. Her late
husband had only 17 years, 10 months, and 19 days of satisfactory
Federal service credible towards retirement and he therefore was not
eligible for retirement benefits. Section 12731a made medically
discharged Reservists with at least 15 years of satisfactory service
eligible for retirement pay; however, it did not become effective
until almost 32 years after the decedent was discharged. The applicant
has not provided persuasive evidence to substantiate her allegations
that her late husband was improperly discharged for DM. While we
sympathize with her loss and acknowledge her difficult circumstances,
the available evidence does not provide a compelling basis for us to
recommend relief.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 15 June 1999 under the provisions of AFI 36-2603:
Mr. Vaughn E. Schlunz, Panel Chair
Dr. Gerald B. Kauvar, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 May 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/SG, dated 13 Jul 98.
Exhibit D. Letter, AFBCMR, dated 3 Aug 98.
Exhibit E. Letter, HQ ARPC/SG, dated 14 Jan 99.
Exhibit F. Letter, HQ ARPC/DPA, dated 23 Mar 99, w/atchs.
Exhibit G. Letter, AFBCMR, dated 29 Mar 99.
Exhibit H. Letters, Applicant, dated 15 Jan & 11 Feb 99.
VAUGHN E. SCHLUNZ
Panel Chair
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