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AF | BCMR | CY2002 | 0101667
Original file (0101667.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01667
            INDEX NUMBER:  135.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His records be corrected to reflect that  he  met  the  retirement
eligibility requirements  under  the  provisions  of  Title  10,  USC,
Section 12731B, in lieu of administrative discharge.

2.  He be given a physical profile 3 which would allow him to continue
to participate in the Air Force Reserve.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He currently has 14 years, 11  months  and  25  days  of  satisfactory
service (5 days short of 15 years of service), so instead  of  meeting
the retirement eligibility, he was given an  administrative  discharge
with no entitlements or benefits.

He indicates that he performed 3 mandays before or after his scheduled
UTAs (unit training assemblies) during the periods of  10 Jul  99,  30
Sep 99, and 3 Apr 00, without payment.  This would have given him more
than the two points needed to meet the  50  point  requirement  for  a
satisfactory year of service toward retirement.

He further states that he would sign a  statement  absolving  the  Air
Force from any responsibility as it related to his health.   Applicant
had cancer, which was treated with radiation and surgery.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Based on available records, applicant completed 14  years,  11  months
and 25 days of satisfactory service at the time of his discharge on 19
Jun 01, due to physical disqualification.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP considered this application and recommended denial.   They
stated that in order to establish eligibility for Reserve retired  pay
under the provisions of Title 10, U.S.C.,  Section  12731b,  a  member
must  complete  at  least  15  years,  but  less  than  20  years   of
satisfactory service, with the last 6 years of qualifying service in a
Reserve component.  In addition, the member must be separated from the
Selective Reserve solely on the basis of physical disability.

The applicant’s records indicate he was discharged on 19 Jun  01,  due
to physical disqualification.  For retention/retirement (R/R)  year  9
Jul 99 to 8 Jul 00, he had earned a total of 48 retirement points.  In
addition, his records reflect that he was  given  credit  for  mandays
around each of the IDT (inactive duty training) weekends  in  Jul  99,
Sep 99 and Apr 00.

HQ AFRC/SGP considered applicant’s request for  permanent  profile  3,
but indicated that his request would have been denied.

The complete Air Force evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
22 February 2002 for review and comment within 30  days.   On  8 April
2002, applicant provided  letters  from  his  doctor  giving  detailed
information of his medical condition  leading  up  to  and  after  his
discharge (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.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission, including the documents submitted  by
his physician, in judging the merits of the case.  However, it is  not
clear why the applicant did not complete his participation requirement
during the period 9 Jul 99 to 8 Jul 00 in order for him to be credited
with a good year of satisfactory service toward retirement.  Based  on
the evidence of record and that verified by HQ Air  Reserve  Personnel
Center (HQ ARPC), the applicant  was  given  credit  for  all  of  his
mandays performed during the retirement year  ending  (RYE)  8 Jul 00.
Additionally, it appears his records were reviewed by the  appropriate
officials in determining his eligibility for a physical profile 3  and
were denied.  Therefore, we agree with the opinion and  recommendation
of the Air Force office of  primary  responsibility  and  adopt  their
rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.   There  being  insufficient
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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  AFBCMR
Docket Number 01-01667 in Executive Session  on  26 March 2002  and  9
April 2002, under the provisions of AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Mr. Billy C. Baxter, Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Jun 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPP, dated 23 Jan 02, w/atchs.
    Exhibit D.  Letter, AFBCMR, dated 22 Feb 02, w/atchs.
    Exhibit E.  Letter, Applicant’s Response, w/atchs.




                                   PHILIP SHEUERMAN
                                   Panel Chair

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