RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02254
            INDEX NUMBER:  137.01; 128.14

       (DECEASED)      COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The  Board  approve  a  waiver  of  the  20-year  requirement   for
retirement eligibility from the Air Force Reserve and that  she  be
made eligible to receive an annuity  under  the  Reserve  Component
Survivor Benefit Plan (RCSBP).

___________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of her  husband’s  death,  he  had  amassed  19  years,
9 months and 25 days toward retirement.  He  had  already  exceeded
his 50-point requirement toward his 20th year,  ensuring  that  his
20th year was a “good year” toward retirement.

The applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application,  extracted  from
the applicant’s records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.  Accordingly,
there  is  no  need  to  recite  these  facts  in  this  Record  of
Proceedings.

___________________________________________________________________

AIR FORCE EVALUATION:

The  Directorate  of  Personnel   Program   Management,   ARPC/DPP,
recommended that the  application  be  disapproved.   In  order  to
establish eligibility for Reserve retired pay under the  provisions
of Title 10, United States  Code,  Section  12731,  a  member  must
complete 20 years of satisfactory service with the last 6 years  of
qualifying service in a Reserve component.   The  member  completed
19 years, 9 months and 26 days of satisfactory service as of 7 July
2000, the date he  was  killed  in  an  automobile  accident.   His
Retention/Retirement (R/R) year was 12 September to  11  September.
Although he completed sufficient  points  for  his  full  R/R  year
ending 11 September 2000, to be  satisfactory,  he  died  prior  to
completion of the 20th year.  Since the member was not eligible for
Reserve retired pay, the applicant is not eligible to apply for  an
annuity under the RCSBP.

A  complete  copy  of  the  evaluation,  with  attachments,  is  at
Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterated her belief that  she  is  entitled  to  an
annuity under the RCSBP and requested that  the  Board  reject  the
recommendation from ARPC/DPP.  If her husband’s R/R  date  had  not
been  changed,  he  would  have  had  20  satisfactory  years   for
retirement on the date of his accident.  Her complete  response  is
at Exhibit E.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to  demonstrate
the existence of probable injustice warranting favorable action  on
the applicant’s requests.  On the date of his death,  the  deceased
member had sufficient points for a  year  of  satisfactory  service
toward retirement.  However, since his death  occurred  before  the
end of his retirement/retention year, he could not be credited with
a “good year” of service to complete his  20th  year.   We  do  not
believe that his family  should  be  penalized  for  this  tragedy.
While it is not feasible to change  his  retirement/retention  year
after over 19 years, more than half of which were spent as  a  Navy
resource, we have uncovered a solution  whereby  the  deceased  can
reach 20 years of satisfactory Federal  service  toward  retirement
and his family  can  derive  some  remuneration  for  his  service.
Therefore, we recommend that the records be corrected as  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 enlisted in the Air Force Reserve on 3 May  1977,  and
was credited with 6 nonpaid Inactive Duty Training (IDT) points and
3 membership points for the period of 3 May 1977 to  7  July  1977,
resulting  in  9  total  points;  and  2  months  and   5 days   of
satisfactory Federal service toward retirement.

      b.  He was honorably discharged from the Air Force Reserve on
7 July 1977, to enlist in the United States Navy Reserve, without a
break in service.

      c.  He applied  for,  and  was  transferred  to  the  Retired
Reserve, effective 6 July  2000,  by  reason  of  having  completed
20 years toward retirement,  and  he  elected  full  and  immediate
coverage for his spouse and children under  the  Reserve  Component
Survivor Benefit Plan (RCSBP), based on full  retired  pay  (Option
C).

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 6  February  2001,  under  the  provisions  of
AFI 36-2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Ms. Patricia D. Vestal, Member
                 Mr. Joseph A. Roj, Member

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

   Exhibit A.  DD Form 149, dated 7 Aug 2000, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPP, dated 19 Oct 2000, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 3 Nov 2000.
   Exhibit E.  Letter, Applicant, dated 18 Nov 2000.




                                   DAVID C. VAN GASBECK
                                   Panel Chair



AFBCMR 00-02254




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 (DECEASED), , be corrected to show that:

            a.  He enlisted in the Air Force Reserve on 3 May 1977,
and was credited with 6 nonpaid Inactive Duty Training (IDT) points
and 3 membership points for the period of 3 May 1977 to 7 July
1977, resulting in 9 total points; and 2 months and 5 days of
satisfactory Federal service toward retirement.

            b.  He was honorably discharged from the Air Force
Reserve on 7 July 1977, to enlist in the United States Navy
Reserve, without a break in service.

            c.  He applied for, and was transferred to the Retired
Reserve, effective 6 July 2000, by reason of having completed
20 years toward retirement, and he elected full and immediate
coverage for his spouse and children under the Reserve Component
Survivor Benefit Plan (RCSBP), based on full retired pay
(Option C).





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency