RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-01596
            INDEX NUMBER: 135.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

During the retirement retention year 29 August 1995 to 28  August  1996,  he
be awarded an additional 9 non-paid inactive duty training (IDT) points  and
a satisfactory year of Federal service.


APPLICANT CONTENDS THAT:

He is not claiming that any error or injustice has occurred on  his  behalf.
He is asking the Board to review the records of  his  honorable  service  to
his country and the events leading up to  the  end  of  his  Air  Force  and
casino careers.

In support of his appeal, applicant  has  submitted  summaries  of  his  Air
Force career and the  events  pertaining  to  his  back  injury;  copies  of
medical reports; and, the Social Security Administration decision.

The applicant’s complete submission is attached at Exhibit A.


STATEMENT OF FACTS:

Applicant served on active duty from 4 March 1980 to  28  August  1990.   He
was transferred to the Air Force Reserve on 29 August 1990.

From 29 August 1990 to 28 August 1995 applicant obtained satisfactory  years
of Federal service.

On 26 December 1995, he was diagnosed with a herniated disk in his back  and
has not been able to participate in  his  reserve  assignment.   During  the
retirement retention year 29 August 1995 to 28  August  1996,  he  earned  a
total of 4 active duty points, 22 IDT points, and 15 membership points,  for
a total of 41 points (9 points short of a satisfactory year).

On 31  January  2000,  an  Informal  Physical  Evaluation  Board  found  the
applicant unfit to perform the duties of his office, grade, rank or  rating.
 Due to this finding, applicant was discharged from the  Air  Force  Reserve
on 12 April 2000.  At the time of his  discharge  applicant  had  accrued  a
total of 14 years, 10 months and 27 days of satisfactory Federal service.


AIR FORCE EVALUATION:

The Director  of  Personnel  Program  Management,  ARPC/DPP,  reviewed  this
application and indicated that according to Title 10, USC,  Section  12731a,
a member who completes at least 15 years  of  satisfactory  service  and  no
longer meets the qualifications  for  membership  in  the  Selected  Reserve
solely because the  member  is  unfit  because  of  physical  disability  is
eligible for retirement.

ARPC/DP states that there is no injustice in this case.  The  applicant  was
awarded all earned  points.   Unfortunately  his  disabilities  subsequently
caused his physical disqualification preventing him from continuing his  Air
Force career.  Therefore, they recommend denial of the application.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force  evaluation  and  provided  a  response
which is attached at Exhibit E.


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.  In  this  respect,  we  note  the
following:

      a.  In appears that the applicant was diagnosed with a herniated  disk
in December 1995 and has not performed any Reserve  duty  since  that  date.
During his retirement retention year ending 28 August 1996, he  had  accrued
4 active duty points, 22 inactive duty points and 15 membership points,  for
a total of 41 points, 9 points short of the required 50 points necessary  to
obtain a satisfactory year.  We note, to some amazement, that the  applicant
was not processed through the disability system until 31 January 2000,  over
5 years from  the  date  that  he  was  diagnosed  with  a  herniated  disk.
Applicant was found unfit and discharge from the Air  Force  Reserve  on  12
April 2000.  Applicant had accrued a total of 14 years,  10  months  and  27
days of satisfactory Federal service at the time of his discharge.


      b.  In 1995, legislation was approved to allow members  who  completes
at least 15 years of satisfactory service and are  found  unfit  because  of
physical disability eligibility for retirement at age 60.   Since  applicant
did not have the required 15 years, he was not eligible for retirement.


      c.  After reviewing the  evidence  of  record,  we  believe  that  the
applicant could have served the additional time during his  retirement  year
ending 28 August 1996, to obtain a satisfactory year of  service.   In  this
regard, it appears that prior to 28 August 1996, applicant’s  condition  had
improved to the point that he was driving a car and made a  trip  to  Canada
which involved multiple plane flights as well as driving.


      d.  After  reviewing  the  circumstances  of  this   appeal   and   in
consideration of the intent of the legislation passed in  1995,  we  believe
that the relief sought is warranted.  In view of the above findings  and  in
the interest of equity, we recommend his 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:

      a.  He was credited with an additional nine (9) nonpaid inactive duty
points during the retirement/retention year 29 August 1995 to 28 August
1996, resulting in 50 total points; and that the period 29 August 1995
through 28 August 1996 is a year of satisfactory Federal service for
retirement.


      b.  On 12 April 2000, he was relieved from the Air Force Reserve and
transferred to the Retired Reserve, with entitlement to retired pay at age
60.


The following members of the Board considered this application in  Executive
Session on 21 September 2000, under the provisions of AFI 36-2603:



      Mr. Gregory H. Petkoff, Panel Chair
      Mr. William E. Edwards, Member
      Mr. John E. Pettit, Member

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

     Exhibit A.  DD Form 149, dated 09 Jun 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPP, dated 09 Aug 00.
     Exhibit D.  Letter, AFBCMR, dated 25 Aug 00.
     Exhibit E.  Applicant’s Response, w/atchs.



                                   GREGORY H. PETKOFF
                                   Panel Chair



AFBCMR 00-01596




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 credited with an additional nine (9) nonpaid inactive duty
points during the retirement/retention year 29 August 1995 to 28 August
1996, resulting in 50 total points; and that the period 29 August 1995
through 28 August 1996 is a year of satisfactory Federal service for
retirement.


      b.  On 12 April 2000, he was relieved from the Air Force Reserve and
transferred to the Retired Reserve, with entitlement to retired pay at age
60.




            JOE G. LINEBERGER
            Director
            Air Force Review Board Agency