RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02018
            INDEX CODE:  128.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given 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).

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AIR FORCE EVALUATION:

ARPC/DPP  recommended  denial.   They  indicated  that  to   establish
eligibility for Reserve retired pay under the provisions of Title  10,
United States Code (U.S.C.), Section 12731 (formerly Section 1331),  a
member must complete 20 years of satisfactory  federal  service,  with
the last 8 years of qualifying service  in  a  Reserve  component.   A
review of the applicant’s record indicates he completed 20 years and 1
day of honorable federal service as of  22  September  1962,  the  day
before he was transferred to the Honorary  Retired  Reserve;  however,
only 9 years, 9 months and 9 days of this time is satisfactory federal
service creditable toward retired pay eligibility.  Honorable  service
is the total years of service, including  active,  inactive,  regular,
and Reserve.  It includes satisfactory years as well as  years  during
which the member did not participate sufficiently to earn satisfactory
years.

Prior to 1  July  1949,  all  federal  service  is  creditable  toward
retirement, and for this period the applicant  completed  6  years,  9
months and 9 days of service.  Subsequent to 1  July  1949,  a  member
must earn a minimum of 50 points to be credited  with  a  satisfactory
year of service.  Each Reservist in an active  status  is  granted  15
membership points but must earn at  least  35  points  through  active
duty, unit participation or Extension Course Institute (ECI)  courses,
to satisfactorily complete a creditable  year  toward  retirement  for
pay.  From 1 July 1949 to 22 September 1962, the  applicant  completed
an additional 3 years of satisfactory service.

The applicant was initially  assigned  to  the  Inactive  Status  List
Reserve Section (ISLRS) on 17 December 1956.  At that time he had  not
actively participated in the Reserve program since 1 August 1955.   On
20 May 1957, HQ Air Reserve Records Center (ARRC) sent the applicant a
letter advising him of his non-participating status  and  the  options
available to him.  He subsequently requested reassignment to the  Non-
Affiliated Reserve Section  and  enrollment  in  the  USAF  ECI.   His
application was accepted and he  was  enrolled  in  the  ECI  program.
However, there is no documentation in the applicant’s record verifying
he completed any ECI courses or earned  any  retirement  points.   The
applicant was assigned to ISLRS for a second time on 16 January  1959,
because he failed to meet the minimum  participation  requirements  of
earning at least 15 points in the prior retention/retirement year.

The applicant sent a letter to the ARRC on 15 April 1968, advising  of
his change of address and requesting  information  about  obtaining  a
flying assignment and his entitlement to retired pay at age 60.   ARRC
responded to the applicant on 10 May 1968, advising him of the current
recall policy for retired officers.  The letter further explained  his
record showed he had only completed 9 years, 9 months and  9  days  of
satisfactory service; therefore, he did not meet the requirements  for
Reserve retired pay at age 60 then or in the future, nor any  benefits
associated with retired pay.

The applicant did not complete 30 years  of  satisfactory  service  as
required by Title 10, U.S.C., Section  12731,  therefore,  he  is  not
eligible for Reserve retired pay at age 60.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On  23 August 2002, a copy of the  evaluation  was  forwarded  to  the
applicant for review and response within thirty (30) days.  As of this
date, no response has been received by this office.

_________________________________________________________________

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 an error or an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  our  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of  an  error  or  an  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.

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The following members of the Board considered AFBCMR Docket Number 02-
02018 in Executive Session on 25 September 2002, under the  provisions
of AFI 36-2603:

                 Mr. Lawrence R. Leehy, Panel Chair
                 Ms. Diane Arnold, Member
                 Mr. E. David Hoard, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 June 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPP, dated 16 August 2002, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 23 August 2002.




                       LAWRENCE R. LEEHY
                       Panel Chair