RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01246
            INDEX CODE:  135.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded a good year for  the  Retention/Retirement  (R/R)  year  April
1997 - April 1998 so he may receive a 15-year retirement.

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APPLICANT CONTENDS THAT:

He served his units of Richards-Gebaur AFB MO and McGuire AFB, NJ well.   On
22 November 1996, when he was to leave to perform  his  regularly  scheduled
unit training assembly (UTA), (23 - 24  November  1996)  he  started  having
symptoms at work and late on 23 November 1996 had  a  heart  attack.   After
his six-week checkup with his doctor, he advised his First Sergeant that  he
had been cleared to return with limited duty; however,  his  First  Sergeant
told him to wait and see what the Air Force decided.  It took the Air  Force
from January  1997  to  July  1998  to  discharge  him.   He  served  as  an
administrative specialist while on active duty and  this  type  of  position
would have been within the doctor’s  limitations.   His  unit,  88th  Aerial
Port Squadron, had options they could have used but did not.  He could  have
earned 1 or possibly 2 years for retirement during the time it took the  Air
Force to discharge him.

In  support  of  his  application,  he  provides  a  personal  statement,  a
statement of support, medical  documents  from  his  private  physician  and
documents  associated  with  his  Reserve  participation  and  point  credit
history.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  30  June  1967  and  was
progressively promoted to the grade of sergeant (E-4). He  performed  duties
in Air Force Specialty Code (AFSC) R70250,  Administrative  Specialist.   He
served in  this  capacity  until  21 August  1971,  when  he  was  honorably
released from active duty, having served 4 years, 1 month  and  22  days  in
the Regular Air Force.  On 22 August 1971, he was  transferred  to  the  Air
Force Reserve in the grade of sergeant  (E-4)  and  served  in  AFSC  60555,
Cargo  Processor.   During  his  period   of   Reserve   service,   he   was
progressively promoted to  the  grade  of  staff  sergeant  (E-5).   Records
indicate he was discharged from the Air  Force  Reserve  effective  30  July
1998 by reason of physical  disqualification.   As  of  that  date,  he  was
credited with 14  years,  1  month  and  22  days  of  satisfactory  Federal
service.

The applicant’s Reserve participation history indicates that  for  R/R  year
24 April 1997 to 23 April 1998 (contested period), he earned 0  Active  Duty
points 0 Inactive Duty points, 0 Extension  Course  Institute  (ECI)  points
and 15  membership  points  for  15  total  and  retirement  points  and  an
unsatisfactory year of Federal service.  For  the  Retirement  Years  Ending
(RYEs) 23 April 1994 and 23 April 1995 he was credited with 47 and 49  total
points, respectively.  Therefore, the RYEs 23 April 1994 and 23  April  1995
were unsatisfactory years of Federal service.

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AIR FORCE EVALUATION:

ARPC/DPP recommends the application be denied.  DPP states that in order  to
establish eligibility for Reserve retired pay, a  member  must  complete  at
least 15, but less than 20 years of satisfactory service, with  the  last  6
years of qualifying service  in  a  Reserve  component.   In  addition,  DPP
states that the member must be involuntarily separated (to  include  medical
disqualification)  from  the  Selected  Reserve.   After  a  review  of  the
applicant’s record, DPP states that  his  record  shows  he  was  put  on  a
medical profile “4” on 3 June 1997, until  the  Air  Force  Reserve  Surgeon
could make a final determination on his medical qualification for  continued
military duty.  His unit of assignment did review his  case  to  see  if  he
could be utilized in a different position and found it was not an option  in
his  case.   Additionally,   special   assignment   limitations   were   not
appropriate because the applicant’s medical  condition  was  not  compatible
with continued military service to include his home duty station.

The ARPC/DPP evaluation, with attachments is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 31  May
2002 for review and response.  As of this date, this office has received  no
response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  We believe that  the  applicant’s  request
for a correction of his  record  in  such  a  manner  as  to  establish  his
entitlement to a 15-year retirement is not  supported  by  the  evidence  of
record.  The applicant claims he  was  unfairly  precluded  from  performing
limited  duties  during  the   period   taken   to   process   his   medical
disqualification.   But,  based  on  his  medical  disqualification  he  was
disqualified for full duty and, apparently, his unit was unable  to  utilize
his services in a limited duty status.  In matters such as this,  the  needs
of the service are of  primary  consideration.   Although  it  may  seem  an
inordinate period of time elapsed for the case to  be  processed,  based  on
the final disposition in his case, this did not result in  an  injustice  to
the  applicant.   While  we  are  not  unsympathetic  to   the   applicant’s
circumstances,  in  the  absence  of  evidence  indicating  he  was  treated
differently from other similarly situated members or  that  the  computation
of his service on his Point Credit History is erroneous, we agree  with  the
opinion  and  recommendation  of   the   Air   Force   office   of   primary
responsibility and conclude that the applicant has not sustained his  burden
of  establishing  that  he  has  suffered  either  an  error  or  injustice.
Accordingly, the applicant’s request is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied 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 in  Executive
Session on 5 September 2002, under the provisions of AFI 36-2603:

      Mr. Albert F. Lowas, Jr, Panel Chair
      Ms. Ann-Cecile McDermott, Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered for ABCMR  Docket  Number
02-01246:

    Exhibit A.  DD Form 149, dated 5 April 2002, with
                attachments.
    Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, ARPC/DPP, dated 21 May 2002, with
                        attachments.
    Exhibit D.  Letter, SAF/MRBR, dated 31 May 2002.




                                   ALBERT F. LOWAS, JR
                                   Panel Chair