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AF | BCMR | CY2002 | 0200932
Original file (0200932.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-00932
            INDEX CODE 135.02  110.01
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be extended for two or more months so that he would have sufficient
points to complete  20  satisfactory  years  of  service  for  Reserve
retired pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  ARPC/DPP  discusses  various  statutes  as  they  apply   to   the
applicant’s case. The applicant served on active duty with the  United
States Public Health Service (USPHS) from 26 Jun 78 through 1 Jul  80.
This time is creditable as satisfactory service.  He remained with the
USPHS in an inactive status from 2 Jul 80 to 6 Jun 84.   Although  the
applicant had  status  with  the  USPHS,  the  inactive  time  is  not
creditable. The applicant did not complete 20  years  of  satisfactory
service and is not eligible for  Reserve  retired  pay.  He  has  been
properly credited for all  satisfactory  service  earned.   Denial  is
recommended.

A complete copy of the evaluation 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 10 May 02 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 error or injustice  to  warrant  awarding  sufficient
points and satisfactory service to qualify the applicant for a Reserve
retirement. In this regard, the  applicant  apparently  believed  that
certain inactive  periods  with  the  USPHS  were  creditable  towards
satisfactory service and, as a medical officer, he would  be  retained
until age 68. As a result, he requested a retention  waiver  in  1997,
which was approved on 27 Feb 98 and gave him  a  mandatory  separation
date of 26 Mar 02.  However, additional service after age 67 had  been
eliminated on 1 Oct 96  when  Section  8853  of  Title  10,  USC,  was
repealed.  Given the particular circumstances of this case,  the  fact
that the applicant typically earned far more than the  minimum  amount
of points necessary for a “good” year, and the small  amount  of  time
needed to make him eligible for a  Reserve  retirement,  we  recommend
that his records be corrected as 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 appointed to the Air Force Reserve Medical Corps on 2
April 1984.

      b.  He  was  credited  with  seven  (7)  nonpaid  inactive  duty
training points and three (3) membership points for the period 2 April
1984 through 6 June 1984, resulting in two (2)  months  and  five  (5)
days of satisfactory service.

      c.  He was not discharged from all appointments in the Air Force
Reserve on 26 March 2002 but on  that  date  was  transferred  to  the
Retired Reserve with entitlement to Reserve retired pay.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 22 August 2002 under the provisions  of  AFI  36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Laurence M. Groner, Member
                       Mr. George Franklin, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
00932 was considered:

   Exhibit A.  DD Form 149, dated 11 Mar 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPP, dated 23 Apr 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 10 May 02.




                                   RICHARD A. PETERSON
                                   Panel Chair




AFBCMR 02-00932




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 appointed to the Air Force Reserve Medical Corps
on 2 April 1984.

           b.  He was credited with seven (7) nonpaid inactive duty
training points and three (3) membership points for the period 2 April
1984 through 6 June 1984, resulting in two (2) months and five (5)
days of satisfactory service.

           c.  He was not discharged from all appointments in the Air
Force Reserve on 26 March 2002 but on that date was transferred to the
Retired Reserve with entitlement to Reserve retired pay.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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