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AF | BCMR | CY2001 | 0100963
Original file (0100963.doc) Auto-classification: Approved

                            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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