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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