RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  01-00230
            INDEX CODE 135.02
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be credited  with  enough  satisfactory  years  of  service  to  be
eligible for Reserve retired pay and that his  retired  pay  grade  be
master sergeant (MSgt).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He started his active duty career in the  Air  Force  in  Dec  84  and
remained on active duty until Sep 95, at which time he transferred  to
the Reserves. He has had allergy-induced  asthma  since  approximately
1989, and it never interfered with his duties in serving his  country.
He gave full disclosure  of  his  asthma  and,  since  there  were  no
negative  repercussions,  he  assumed  it  was  not  a  problem.   The
discharge in May 00 is unfair because it came only six months prior to
his 15th Air Force anniversary and  eligibility  for  retirement,  and
prevented him from participating in his unit and testing for MSgt.  He
was perfectly healthy and continued to receive outstanding performance
appraisals. It seems that the Air Force Reserves are working hard  not
to give  him  anything  they  owe  him  while  demanding  he  give  up
everything he deserves.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Title 10, USC, Section 12731, stipulates that, in order to be eligible
for Reserve retired pay, a member must complete at least 20  years  of
satisfactory service with the last 6 years of qualifying service in  a
Reserve component.

The Fiscal Year 2000 National Defense Authorization  Act  (FY00  NDAA)
authorized members who are medically disqualified for retention in the
military service early qualification for retired
pay at age 60 under the provisions of Title 10, USC,  Section  12731b.
To be eligible under this provision, a member must complete  at  least
15, but less than 20, years of satisfactory service with  the  last  6
years of qualifying service in a Reserve component  and  be  medically
disqualified for retention in the military service.

The applicant completed 14 years, 8 months and 18 days of satisfactory
service as of 1 May 00, when he was  discharged  from  the  Air  Force
Reserves, with only 4 of the required last  6  years  completed  in  a
Reserve component.

The remaining relevant facts pertaining to this application, extracted
from the applicant's military records (Exhibit B),  are  contained  in
the official documents provided in the applicant’s submission (Exhibit
A) and in the letters prepared by the appropriate offices of  the  Air
Force (Exhibits C and D).
_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPPRB reviewed the appeal and advised that the  applicant  did
not complete the minimum service  requirements  for  retirement  under
Title 10, USC, Section 12731 or 12731b. His claim  to  being  eligible
for early retirement when medically disqualified had he been permitted
to participate through 1 Sep 00 is incorrect.  Even  though  he  could
have earned an additional year of satisfactory  service,  which  would
have given him a total of 15 years, 8 months and  18  days,  he  would
only have completed 5 of the  required  last  6  years  in  a  Reserve
component.  Denial is recommended.   The  author  defers  to  HQ  AFRC
regarding the medical disqualification and promotion issues.

A complete copy of the evaluation, with attachment, 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 13 Apr 01 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

HQ AFRC/DPM notes that even if the applicant had earned an  additional
year of satisfactory service, which would have given him a total of 15
years, 8 months, and 18 days, he would only
have completed 5 of the required last 6 years in a Reserve  component.
He was discharged from the Reserves based  on  the  Informal  Physical
Evaluation Board’s (IPEB) findings that he was unfit  to  perform  the
duties of his office, grade, rank or rating  because  of  his  medical
condition.  They are unable to ascertain what test  the  applicant  is
referring to with regard to testing for MSgt, as  individuals  in  the
Reserve do not test for promotion. They are  promoted  based  on  unit
vacancy positions and recommendation of  the  unit  commander.   If  a
member was ineligible for participation, then he was not eligible  for
promotion.  Recommend the applicant’s requests be denied.

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

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL EVALUATION:

A copy of the additional evaluation was forwarded to the applicant  on
31 Aug 01 for review and comment within 30 days.   As  of  this  date,
this office has received no response.

_________________________________________________________________

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  error  or  injustice  to  warrant  partial
relief.  Based on the available documentation, the applicant’s  asthma
was diagnosed since approximately 1990, and he gave full disclosure of
his condition upon entering the Air Force Reserves.  He was allowed to
participate with asthma for several years and  appears  to  have  been
able to perform his duties. On 15 May 99, the unit commander indicated
the applicant’s performance was not  hindered  by  his  condition  and
recommended retention in a non-mobility position. The  wing  commander
concurred on 2 Jun 99. We cannot determine with certainty whether  the
applicant’s medical condition warranted discharge or could  have  been
accommodated with an  Assignment  Limitation  Code.  However,  we  are
persuaded that, had  he  not  been  disqualified  and  separated,  the
applicant would have continued to participate until  he  was  eligible
for a Reserve retirement.  We believe it would be unjust to leave  him
with nothing after so many  years  of  service  and  recommend  he  be
awarded sufficient
points for 15 years of satisfactory service, with  the  last  6  in  a
Reserve component.  This  will  render  him  eligible  for  a  medical
retirement with retired pay at age 60 under the  provisions  of  Title
10, USC, Section 12731b.  The applicant’s request for a retired  grade
of MSgt was noted but not favorably considered.  As  indicated  by  HQ
AFRC/DPM, Reservists do not test for promotion but are promoted  based
on  unit  vacancy  positions  and  the  recommendation  of  the   unit
commander. The applicant has  not  established  that  a  unit  vacancy
existed and that his commander would  have  recommended  him  for  it.
Therefore, 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 not found unfit on 25 April 2000 and discharged  from
the Air Force Reserve on 1 May 2000  but  remained  in  active  status
until 1 September 2001.

      b.  He was credited with thirty-five (35) nonpaid inactive  duty
(IDT)   points   and   six   (6)    membership    points    for    the
retirement/retention year 2 September 1999 through 1  September  2000,
resulting in 50 total and retirement points and a satisfactory year of
Federal Service.

      c.  He was credited with thirty-five (35) nonpaid inactive  duty
(IDT)  points   and   fifteen   (15)   membership   points   for   the
retirement/retention year 2 September 2000 through 1  September  2001,
resulting in 50 total and retirement points and a satisfactory year of
Federal Service.

      d.  On 1 September  2001,  he  was  found  medically  unfit  for
continued military service and was relieved from the Air Force Reserve
and, on 2 September 2001, under the provisions  of  Title  10,  United
States Code, Section 12731b, he retired  in  the  grade  of  technical
sergeant, with entitlement to retired pay at age 60.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 1 November 2001, under the provisions of AFI  36-
2603:

                  Mr. Frederick R. Beaman III, Panel Chair
                  Mr. Christopher Carey, 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 27 Dec 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPP, dated 29 Mar 01, w/atch.
   Exhibit D.  Letter, SAF/MIBR, dated 13 Apr 01.
   Exhibit E.  Letter, HQ AFRC/DPM, dated 3 Aug 01, w/atchs.
   Exhibit F.  Letter, SAF/MIBR, dated 31 Aug 01.




                                   FREDERICK R. BEAMAN III
                                   Panel Chair

AFBCMR 01-00230



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         , be corrected to show that:

           a.  He was not found unfit on 25 April 2000 and  discharged
from the Air Force Reserve on 1 May 2000 but remained in active status
until 1 September 2001.

           b.  He was credited with thirty-five (35) nonpaid  inactive
duty  (IDT)  points  and   six   (6)   membership   points   for   the
retirement/retention year 2 September 1999 through 1  September  2000,
resulting in 50 total and retirement points and a satisfactory year of
Federal Service.

           c.  He was credited with thirty-five (35) nonpaid  inactive
duty  (IDT)  points  and  fifteen  (15)  membership  points  for   the
retirement/retention year 2 September 2000 through 1  September  2001,
resulting in 50 total and retirement points and a satisfactory year of
Federal Service.

           d.  On 1 September 2001, he was found medically unfit for
continued military service and was relieved from the Air Force Reserve
and, on 2 September 2001, under the provisions of Title 10, United
States Code, Section 12731b, he retired in the grade of technical
sergeant, with entitlement to retired pay at age 60.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency