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AF | BCMR | CY2003 | BC-2003-01868
Original file (BC-2003-01868.doc) Auto-classification: Denied




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01868
            INDEX CODE:  135.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Eleven paid inactive duty training (IADT)  points  and  15  membership
points be added to his official record.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He has documentation that shows he accrued  11  IADT  points  and  was
eligible for 15 membership points prior to his forced retirement.   He
contends that had these points been a part of his record he would have
qualified for a Reserve retirement at age 60.

In support of his appeal, applicant has provided a personal statement,
pertinent correspondence between himself  and  Representative  Hefley,
with attachments, as well as some of his discharge  documentation  and
copies of  Air  Force  Form  40a’s  Authorization  for  Inactive  Duty
Training, that he believes bestows him the points he needs to  qualify
for a Reserve retirement at age 60.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served 29 years, 11 months, and  21  days  of  honorable
Federal service.  Of that time, 19 years, 9 months, and  9  days  were
considered   satisfactory   service   creditable   for   retired   pay
eligibility.  He was passed over twice for promotion to the  grade  of
lieutenant colonel and was notified by ARPC, then RPCA,  on  24  April
1968 of his impending discharge.  However, because the  applicant  had
over 18 years of satisfactory Federal service, he was to  be  retained
in an active status for two years to provide him  the  opportunity  to
obtain  20  creditable  years  for  Reserve  retirement  at  age   60.
Applicant did not complete  20  years  of  service;  therefore  on  12
September 1972, he was discharged.
_________________________________________________________________




AIR FORCE EVALUATION:

ARPC/DPP reviewed this application and recommended denial.  DPP  notes
that the applicant, after being twice passed over for promotion to the
grade of lieutenant colonel and facing mandatory separation, was given
more time to reach 20 creditable years because he had over 18 years of
satisfactory Federal service.  DPP states  that  the  applicant,  even
with the additional time, failed to accrue  the  points  necessary  to
reach 20 satisfactory years towards a Reserve retirement  at  age  60.
He was subsequently discharged on 12 September 1972.  DPP reviewed the
DD Forms 40a, Authorization for Inactive Duty Training, and found that
the applicant was to be awarded an additional  15  days  of  IADT  and
retirement points for the retention retirement  year  ending  30  June
1970.  However, the additional time  is  not  considered  satisfactory
service (he did not reach the required total of  50  points  for  that
year), and cannot be counted towards a retirement.

ANG/DPPF’s complete 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
20 June 2003 for review and comment within 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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, the majority of  the  Board  agrees  with  the  opinions  and
recommendation of the Air Force office of primary  responsibility  and
adopt their rationale  as  the  basis  for  the  conclusion  that  the
applicant has not been the victim  of  an  error  or  injustice.   The
applicant did not provide any  evidence  to  show  that  the  he  took
advantage of the final  two  years  allotted  to  him  to  accrue  the
necessary points that would enable him to receive a Reserve retirement
at age 60.  Therefore, in the absence of evidence to the contrary, the
majority of the Board finds no compelling basis to recommend  granting
the relief sought in this application.

_________________________________________________________________



RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-01868 in Executive Session on 5 August 2003, under the provisions
of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Mr. Mike Novel, Member
      Ms. Jean A. Reynolds, Member

By a majority vote, the members voted to deny the request.  Mr.
Schlunz voted to grant the relief requested, as it appears the
applicant believed he had sufficient service to obtain eligibility for
retirement.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 May 03, w/atchs.
    Exhibit B.  Applicant’s Medical Record.
    Exhibit C.  Letter, ARPC/DPP, dated 16 Jun 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 03.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary




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

SUBJECT:  AFBCMR Application APPLICANT

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that the applicant
had not provided sufficient evidence of error or injustice and recommended
the case be denied.  I concur with that finding and their conclusion that
relief is not warranted.  Accordingly, I accept their recommendation that
the application be denied.

      Please advise the applicant accordingly.




                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency

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