RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01500
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given a waiver of the time required to be eligible for a Reserve
retirement, or that he be allowed to serve the required time.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He contacted the Air Reserve Personnel Center (ARPC) to inquire  about
how much his pension would be.  He was informed that he only  received
credit for 18 years, 8 months, and 10 days of satisfactory service.

He then contacted a recruiter about going back and  getting  the  time
needed (approximately 38 days).  His request was rejected due  to  the
following reasons:

    1.  His age, 58 years old in Sep 01.

    2.  He has been out of the flight engineer career field  for  more
that seven years and would have to go back to school.

    3.  All of the C-141’s were to be out of McChord AFB by Apr 02, so
there would be no requirement for flight engineers.

In support of his appeal, the applicant submitted a personal statement
(including  a  short  resume  of  his  military   career);   estimated
computations of retired pay; a copy of Reserve Order – ----;  AF  Form
526, dated Jun 78, and an honorable discharge certificate.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

ARPC Form  168,  Computation  for  AF  Form  526,  dated  29 May 2002,
reflects that the applicant served in the U.S.  Marine  Corps  Reserve
(USMCR) from 16 June 61 to 25 June 61.  He was then in the U.S. Marine
Corps (USMC) from 26 June 61 to 7 Oct 66 and in the USMCR from  8  Oct
66 until 15 Jun 67.  He was in civilian status from 16 Jun to  17  Jul
67.  He served in the Regular Air Force from 18 Jul 67  until  15  Dec
72.  He transferred to the Air Force Reserve on  16 Dec  72,  and  had
continuous participation until his Retirement Year Ending (RYE) 15 Dec
83.  He was honorably discharged from the Air Force Reserve  effective
7 Jan 89.  The applicant completed a total of 18 years, 8  month,  and
10 days of satisfactory Federal service.

An AF Form 526 (ANG/USAFR Point Credit  Summary),  dated  15  Feb  86,
addressed to the applicant, reflects that as of Retirement Year Ending
(RYE) 15 December 1985 he had 18 years,  8  months,  and  10  days  of
satisfactory service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP recommended denial.  They state that based on an  analysis
of the applicant’s record, he completed 18  years,  8 months,  and  10
days of satisfactory  service.   In  order  for  him  to  qualify  for
retirement benefits, he must complete 20 years of satisfactory federal
service, with the last eight years in a reserve component, as required
by US Code, Title 10, Section 12731.   They  further  state  that  the
applicant would need an additional 1 year, 3 months, and  20  days  of
satisfactory service to gain eligibility for retired pay.

A complete copy of the Air Force evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 Jul 02, applicant submitted a copy of his original request, with
attachments.  In  his  personal  statement,  he  added  the  following
information:

He served from 1972 until 1989 in the Reserve.  He  had  4826  points.
He states that during the time he supposedly retired, he  had  a  form
indicating he was a master sergeant (MSgt) with over 26 years for pay,
and that no one in his unit ever mentioned that he only had 18  years,
8 months, and 10 days.

He is willing to do whatever it takes to acquire the needed  time  and
he really does not want to lose his pension because of an oversight on
his part and that of the squadron clerk at the time.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________


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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  After careful review of the  limited
records and the  applicant’s  submission,  it  appears  the  applicant
believed that he had sufficient satisfactory service, to  include  his
service in the US Marine Corps, the Regular Air Force  and  Air  Force
Reserve, to be eligible for a Reserve retirement.   However,  when  he
inquired as to what his pension would be, he was advised that  he  had
only  been  credited  with  18  years,  8  months,  and  10  days   of
satisfactory service and would not be eligible for  retired  pay.   He
further states that at the time that he supposedly retired, he  had  a
form stating that he was a master sergeant with over 26 years for pay.
 At no time did anyone mention the fact that he had only 18  years,  8
months, and 10 days of satisfactory service.   In  view  of  this,  we
believe that if the applicant had been properly briefed and understood
that he had not  completed  the  required  20  years  of  satisfactory
service, he would have continued to participate until he had  acquired
the required service to be eligible  for  retirement.   Therefore,  to
preclude any injustice to the applicant, we believe that the applicant
should be credited the additional service to make him eligible  for  a
Reserve retirement.  Accordingly, 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 credited with six  (6)  additional  nonpaid  inactive
duty  training  (IDT)  points  during  the  retirement/retention  year
16 December 1976 through 15 December 1977, resulting in 50  total  and
retirement points and a satisfactory year of Federal service.

      b.  He was credited  with  twenty-one  (21)  additional  nonpaid
inactive duty training (IDT) points  during  the  retirement/retention
year 16 December 1978 through 15 December 1979, resulting in 50  total
and retirement points and a satisfactory year of Federal service.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
01500 in Executive Session on 9 Oct 02, under the provisions of AFI 36-
2603:

                 Mr. Vaughn E. Schlunz, Panel Chair
                 Mr. Clarence D. Long III, Member
                 Ms. Brenda L. Romine, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 31 Dec 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPP, dated 25 Jun 02, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 3 Jul 02.
     Exhibit E.  Letter, Applicant, undated, w/atchs.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair



MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
                   MILITARY RECORDS (AFBCMR)

FROM: SAF/MR

SUBJECT:    AFBCMR Case on Former Applicant

      I have carefully considered all the circumstances of this case and do
not agree with the recommendation of the AFBCMR panel to grant the
applicant’s request for a correction of records to render him eligible for
Reserve retired pay at age 60.

      In his application to the Board, the applicant contends that during
the time he supposedly retired, he had a form indicating he was a MSgt with
over 26 years of service for pay, and that no one in his unit ever
mentioned that he only had 18 years, 8 months, and 10 days of satisfactory
service.  Other than his own personal statement, the applicant provides no
corroborative evidence to support his assertions.

      The Board accepts the applicant’s assertions that when he retired from
the Reserve, he had a form stating that he was a MSgt with over 26 years
for pay and that at no time did anyone mention that he had only a little
over 18 years of service at face value.  Thus, the Board believes that, had
the applicant been properly briefed and understood he had not completed 20
years of satisfactory service, he would have continued to participate until
he was retirement eligible.

      Congress established retirement eligibility at age 60 with 20 years of
satisfactory service unless the member was involuntarily separated due to
force reduction or medical disqualification.  The available records reflect
that the applicant had over 10 years of active duty service and a little
over 16 years of service in a Reserve component.  However, he performed
only eight years of satisfactory service towards retirement during these
years.  Had he completed two of these years satisfactorily, he would have
been retirement eligible when he reached age 60.

      I recognize the applicant’s disappointment in not being eligible for
Reserve retired pay upon attaining age 60.  Nonetheless, absent substantive
evidence of miscounselling by responsible Air Force personnel, I am
compelled to deny his request.  To do otherwise, in my view, would be
grossly unfair to numerous reservists who do not qualify for retired pay
because, for reasons of their own, they fail to acquire the requisite
number of satisfactory years of federal service.  Accordingly, it is my
decision that the applicant’s request be denied.

                                       MICHAEL L. DOMINGUEZ
                                       Assistant Secretary
                                       (Manpower and Reserve Affairs)


Attachment:
Complete Case File