RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01549
            INDEX CODE:  135.02
      APPLICANT  COUNSEL:  NONE

                 HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

It appears that the applicant is requesting  his  name  be  placed  on  the
Retired Reserve List, eligible for retired pay at age 60.

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APPLICANT CONTENDS THAT:

He attempted to obtain his additional non-paid inactive duty points through
a local Reserve unit and the Civil Air Patrol but  was  unable  to  do  so.
Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 6 April 1971, the applicant was honorably discharged  from  the  Regular
Air Force in the grade of staff sergeant (E-5).  He was  credited  with  13
years of active duty service.  Following a break in service, he enlisted in
the Air Force Reserve in the grade of staff sergeant on 11 January 1973 for
a period of three (3) years under the Air Reserve Technician (ART) Program.
 He reenlisted in the grade of technical sergeant (E-6) on 23 December 1975
for a period of 4 years.  He was progressively promoted  to  the  grade  of
senior master sergeant.

On 13 December 1979, the applicant requested that he be transferred to  the
Retired Reserve effective 11 January 1980.  As of  Retirement  Year  Ending
(RYE) 10 January 1980, he was credited with 7 satisfactory years of Federal
service as a member of the Air Force Reserve and a total of 20 satisfactory
years of Federal service.   On  10  March  1980,  the  applicant  requested
cancellation of his application to transfer to the  Retired  Reserve.   For
the RYE 10 January 1980, he was credited with 14 inactive duty  points  and
15 membership points for a total of 29  points.   In  a  message  dated  16
January 1981, personnel at the applicant’s unit indicated that his transfer
to the Retired Reserve had been delayed to allow the  applicant  to  accrue
sufficient points to be credited  with  his  20th  good  year.   Since  the
applicant had not participated, it was requested that he be transferred  to
the Air Reserve Personnel Center.

ARPC/DPP indicated that the applicant was transferred  to  inactive  status
(Ready Reinforcement Personnel Section (RRPS)) at  the  Air  Force  Reserve
Personnel Center, effective 7 March 1982.  The applicant was  continued  in
that status until 2 July 1985, when he was honorably  discharged  from  the
Air Force Reserve.  The  applicant  will  reach  his  60th  birthday  on  3
February 2001.

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AIR FORCE EVALUATION:

ARPC/DPP reviewed applicant's request and recommends  denial.   DPP  states
that since  the  applicant  did  not  complete  the  last  eight  years  of
qualifying service in a Reserve component, he is not eligible  for  Reserve
retired pay under the provisions of Title 10  U.S.C.,  Section  12731  (see
Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 Oct
00 for review and response within 30 days.  As of this  date,  this  office
has received no response.

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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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice.  We believe that  the  applicant's
request for a correction of his record in such a manner as to establish  his
entitlement to receive retired pay at age 60, is supported by  the  evidence
of record.  It appears that when the applicant  requested  transfer  to  the
Retired Reserve he was under  the  impression  that  he  had  completed  the
required years of satisfactory service in a  Reserve  component  to  qualify
for retirement.  After he was notified that the qualifying requirements  had
not been filled, it appears  that  he  attempted  to  fulfill  the  required
service obligation, but was unable to do so.  In view of the foregoing,  and
because we are convinced by the applicant's history of participation  during
the previous years he was  a  member  of  the  Air  Force  Reserve  that  he
attempted to obtain the points required to complete a satisfactory  year  of
Federal service, this matter should be resolved in his  favor.   We  believe
to deprive the applicant of his entitlement to receive retired  pay  at  age
60 constitutes an injustice.  Therefore, his records should be corrected  as
indicated below.

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THE BOARD RECOMMENDS THAT:

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

      a.  He was not discharged from the Air Force Reserve on 2 July 1985.

      b.  He was credited with an additional 21 nonpaid inactive duty  point
for retention/retirement year 11  January  1980  through  10  January  1981,
resulting in 50 total points; and, that the period 11 January  1980  through
10 January 1980 is a year of satisfactory Federal service.

      c.  On 3 July 1985, he was discharged from the Air Force  Reserve  and
assigned to the Retired Reserve Section, and, his name  was  placed  on  the
Retired Reserve List, eligible for retired pay at age 60.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 6 Dec 00, under the provisions of AFI 36-2603:

      Mr. Teddy L. Houston, Panel Chair
      Mr. Laurence M. Groner, Member
      Ms. Diana Arnold, Member

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

     Exhibit A.  DD Form 149, undated.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPP, dated 3 Oct 00.
     Exhibit D.  Letter, SAF/MIBR, dated 20 Oct 00.




                                  TEDDY L. HOUSTON
                                  Panel Chair

AFBCMR 00-01549




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:

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

            a.  He was not discharged from the Air Force Reserve on  2  July
1985.

            b.  He was credited with an additional 21 nonpaid inactive duty
point for retention/retirement year 11 January 1980 through 10 January
1981, resulting in 50 total points; and, that the period 11 January 1980
through 10 January 1980 is a year of satisfactory Federal service.

            c.  On 3 July 1985, he was discharged from the Air Force
Reserve and assigned to the Retired Reserve Section, and, his name was
placed on the Retired Reserve List, eligible for retired pay at age 60.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency