RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-00963
INDEX CODE: 137.00, 135.02
APPLICANT (Deceased) COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husband's record be corrected to show that he met all the
necessary requirements and was eligible for an Air Force Reserve
retirement. She also is requesting her husband’s record be corrected
to reflect he elected spouse coverage under the Reserve Component
Survivor Benefit Plan (RCSBP) so that she may receive the annuity.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband's death was sudden and if it had been known he had a
medical condition that would medically disqualify him, he then would
have retired under the Reserve Transition Assistance Program.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The service member served in the Delayed Enlistment Program (DEP) from
28 Mar 78 through 9 Sep 78. He served on active duty from 11 Sep 78
through 24 Aug 89 and he served in the Air National Guard (ANG) from
25 Aug 89 through 27 Apr 98. He served a total of 19 years, 7 months
and 17 days of active duty and ANG service. The service member died
on 27 Apr 98.
_________________________________________________________________
AIR FORCE EVALUATION:
The Director of Personnel Program Management, ARPC/DPP, reviewed the
application and states that in accordance with Title 10 USC, Section
12731, in order for a service member to be eligible for retired
Reserve pay, the service member must complete at least 20 years of
satisfactory service with the last six years of service in a Reserve
component. Furthermore, for a service member to be eligible for
reserve retirement pay under Title 10 USC, Section 12731a, a member
must complete at least 15 years, but less than 20 years, of
satisfactory service, with the last six in a reserve component. In
addition, the member must be medically disqualified for continued
military service. In reviewing the service member's record he had over
19 years of satisfactory of service and the required six in a reserve
component, but unfortunately he did not complete 20 years of service
nor was he medically disqualified from service, therefore he was not
eligible for reserve retirement under Title 10 USC Section 12731 or
12371a. In view of the above, they recommend denying the applicant’s
request.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states that her
husband dedicated his life to serving in the Air Force and Air
National Guard. She and her sons would appreciate it if the proposed
recommendation of ARPC that would award her husband the necessary
points to be eligible for retirement pay and RCSBP be implemented
(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 error or injustice to warrant awarding the
service member the additional points and satisfactory years of
service needed to qualify for Reserve retired pay. The Board, based
on the evidence submitted, believes that the service member acted in
good faith in fulfilling his reserve requirements, however, since his
death occurred before the end of his retirement/retention year, he
could not be credited with a satisfactory year of service to complete
his 20th year. We do not believe his family should be penalized for
this tragedy. While it is not feasible to change his
retirement/retention year after over 19 years of service, we note the
service member enlisted in the delayed enlistment program (DEP)
before enlisting in the Regular Air Force. Therefore, we recommend
the time spent in the DEP be changed to reserve time which will
provide the deceased member 20 years of
satisfactory Federal service toward retirement and his family will
derive a benefit from his service.
_________________________________________________________________
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 28 March 1978, and
was credited with 16 non-paid Inactive Duty Training (IDT) points for
the period 28 March 1978 to 10 September 1978, resulting in 23 total
points; and 5 months and 13 days of satisfactory Federal service
toward retirement.
b. He was honorably discharged on 10 September 1978, to enlist
in the Regular Air Force, without a break in service.
c. He applied for, and was transferred to the Retired Reserve,
effective 26 April 1998, by reason of having completed 20 years toward
retirement, and he elected spouse only coverage, Option CA, immediate
coverage, under the Reserve Component Survivor Benefit Plan (RCSBP),
naming (SPOUSE NAME) as beneficiary based on full retired pay.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 25 September 2001, under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Mrs. Patricia D. Vestal, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Apr 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPP, dated 31 May 01.
Exhibit D. Letter, SAF/MIBR, dated 15 Jun 01.
Exhibit E. Applicant's Response, dated 10 Jul 01.
DAVID C. VAN GASBECK
Panel Chair
AFBCMR 01-00963
INDEX CODE: 135.02, 137.00
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, SSN, be corrected to show that:
a. He enlisted in the Air Force Reserve on 28 March
1978, and was credited with 16 non-paid Inactive Duty Training (IDT)
points for the period 28 March 1978 to 10 September 1978, resulting in
23 total points; and 5 months and 13 days of satisfactory Federal
service toward retirement.
b. He was honorably discharged on 10 September 1978, to
enlist in the Regular Air Force, without a break in service.
c. He applied for, and was transferred to the Retired
Reserve, effective 26 April 1998, by reason of having completed 20
years toward retirement, and he elected spouse only coverage, Option
CA, immediate coverage, under the Reserve Component Survivor Benefit
Plan (RCSBP), naming (SPOUSE NAME) as beneficiary based on full
retired pay.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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