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AF | BCMR | CY2001 | 0002767
Original file (0002767.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02767
            INDEX CODE:  136.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated in the grade of lieutenant colonel (0-5) as a retired
member of the Air Force Reserve with full eligibility  for  retirement
benefits in accordance with applicable laws and regulations.

_________________________________________________________________

APPLICANT CONTENDS THAT:

For retirement, current law requires completion of the last six  years
of Reserve service regardless of the sequence of previous  Reserve  or
active service.  His satisfactory service involved seven (7) years  of
active service (1969-1976), two (2) years in the  Air  National  Guard
(1977-1979), six (6) years of active service (1979-1985), and five (5)
years in the Reserve (1986-1988, 1990, 1992), for a total of 20  years
of satisfactory service, with a  final  rank  of  lieutenant  colonel.
Denial of his retirement is not consistent with the  emphasis  on  the
Total Force concept.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, a  chronological  summary  of  his  military  service,  and
extracts from his military personnel records.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the
letters  prepared  by  the  appropriate  office  of  the  Air   Force.
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,  reviewed
this application and recommended denial.  DPP noted that the applicant
completed 20 years, 4 months, and  20  days  of  satisfactory  federal
service.  According to DPP, the applicant’s record indicated  that  he
actively participated with the United States Air Force Reserve (USAFR)
until 1989.  From 1989 until 3 Nov 95, the date he was transferred  to
the Inactive Status List Reserve Section (ISLRS) for nonparticipation,
he had only two (2) years of satisfactory  federal  service.   He  was
discharged on 14 Apr 98.

DPP stated that  the  applicant  was  notified  of  the  criteria  for
eligibility for Reserve retired pay at age  60  and  earned  only  two
(2) years  of  satisfactory  federal  service  in  a  9-year   period.
According to DPP, the applicant did not  complete  the  last  six  (6)
years satisfactorily in a Reserve component as required by law.  There
are no provisions under the law for waiver of this requirement.

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

Pursuant to the Board staff’s request, DPP reviewed  this  application
and  corrected  their  initial  advisory  opinion  to  read  that  the
applicant did not complete the last eight (8) years satisfactorily  in
a Reserve component as required by law, rather  than  six  (6)  years.
DPP again recommended denial.

A complete copy of the DPP evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed  the  initial  advisory  opinion  and  furnished  a
response which is attached at Exhibit E.

Applicant reviewed the corrected  advisory  opinion  and  furnished  a
response and additional documentary evidence, which  are  attached  at
Exhibit H.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  probable  error  or  injustice.   The  applicant's
complete submission was thoroughly reviewed and his  contentions  were
duly noted.  However, we do not find the applicant’s assertions or the
documentation  presented  in  support  of  his   appeal   sufficiently
persuasive to override the rationale provided by the Air Force  office
of  primary  responsibility  (OPR).   Therefore,  in  the  absence  of
evidence that the applicant  met  the  criteria  for  eligibility  for
Reserve retired pay at age 60, we adopt the Air  Force  rationale  and
conclude that no basis exists to recommend granting the relief  sought
in this application.

_________________________________________________________________

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 22 Mar 01, under the provisions of AFI 36-2603:

      Mr. Patrick R. Wheeler, Panel Chair
      Ms. Barbara J. White-Olson, Member
      Mr. Albert F. Lowas, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Oct 00, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 4 Jan 01, w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 2 Feb 01.
    Exhibit E.  Letter, applicant, dated 17 Feb 01.
    Exhibit F.  Letter, ARPC/DPP, dated 12 Feb 01.
    Exhibit G.  Letter, AFBCMR, dated 15 Feb 01.
    Exhibit H.  Letter, applicant, dated 18 Feb 01, w/atchs.




                                   PATRICK R. WHEELER
                                   Panel Chair



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