RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-1996-03639
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was retired  because  of  physical
disability; or, he is entitled to receive Reserve retired pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His assignment to the Honorary Retired Reserve was erroneous.

Examiner’s  Note:   The  applicant  filed  the  original  applications
requesting the above relief on 1 December 1996 and 16 July 1997.  In a
letter dated 17 October 1997, the applicant withdrew his applications.
 Based on this request, his case was administratively closed  and  his
applications were returned to him (Exhibit E).  This  office  did  not
retain copies.  The applicant’s current application was  submitted  on
12 October 2003.

In support of the appeal, applicant submits a  personal  statement,  a
copy of an Award of Disability Compensation or Pension form, Uniformed
Services Contingency Option Act of 1953  letter,  two  copies  of  his
Reserve  Orders,  and  a  copy  of  a  letter  from  ARPC/DPPRC,  with
attachments.  Applicant's complete submission,  with  attachments,  is
attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Army of the United States on  3 February
1942 and was appointed an aviation cadet.  Prior to his enlistment, on
18 February 1941,  the  applicant  underwent  a  physical  examination
where, among other things, it was noted he had a limitation  extension
of his left index finger as a result of a  crushing  injury  in  1939.
Following his entry  on  active  duty,  he  was  entered  into  flying
training and was disenrolled for flying deficiency.  He was thereafter
enrolled in Aircraft Armament School.  On 11  December  1942,  he  was
honorably discharged from enlisted status and his  appointment  as  an
aviation cadet was terminated.  On 12 December 1942, he was  appointed
second lieutenant, Army of the United  States,  and  was  assigned  to
duties as an Aerial Gunner Instructor.   He  was  appointed  a  second
lieutenant, Officer’s Reserve  Corps,  at  which  time  his  temporary
appointment was terminated.  He was promoted to  the  grade  of  first
lieutenant, Army of the United States on 10 August  1943  and  to  the
grade of captain, Army of the United States on 21  January  1946.   He
was relieved from active duty on 31 March 1946 as a  surplus  officer.
He was credited with 3 years, 3 months and  20  days  of  commissioned
service, all in the continental United States.

Subsequent to his separation, the applicant filed  a  claim  with  the
Veterans Administration, alleging stomach trouble and a crushed finger
while assigned to an Army Air Base in Arizona, incurred in “Feb 43 and
Jul 45.”  On 29 May 1953, the applicant was appointed a  captain,  Air
Force Reserve.  By orders dated 21 December 1955,  the  applicant  was
transferred  from  the  Inactive  Reserve   Section   (IRS)   to   the
Nonaffiliated Reserve Section (NARS).  The applicant was credited with
inactive duty points during the Reserve Years Ending (RYEs) 1951, 1955
and 1957.  However, he did not earn sufficient points to  be  credited
with satisfactory years of service for these  periods.   There  is  no
record of any further participation by  the  applicant.   On  22 April
1958, he was transferred from NARS to the Inactive Status List Reserve
Section (ISLRS).

Pursuant to his 9 April 1959 request, the applicant  was  assigned  to
the Retired Reserve effective 31 May 1959.  He selected this option in
lieu of active Reserve participation or  discharge  from  his  Reserve
commission.  The stated reason for the foregoing transfer was that the
applicant had attained the age of 37 years and had completed a minimum
of 8 years of service according to 10  USC  1332(a)(1),  including  at
least six months of honorable service on active duty in time of war or
national emergency.  He was credited with 17 years of 2 months  and  1
day of total service, of which 7 years,  4  months  and  28  days  was
satisfactory Federal service.

Information extracted from records maintained  by  the  Department  of
Veterans Affairs indicates that  the  applicant  was  granted  service
connection and 10% compensation for “Deformity,  left  finger,”  which
the applicant claimed was the result of an injury incurred  on  active
duty.  He was granted service  connection  and  10%  compensation  for
“varicose veins both legs, minimal” from 21 May 1973  for  a  combined
compensable rating of 20%.  In 1974, he was granted service connection
and a zero percent compensable rating for hay fever.  In 1975, he  was
granted service connection and a zero percent compensable  rating  for
hemorrhoids.  In 1977,  the  applicant’s  compensable  percentage  for
varicose legs was increased to 30% for a combined  compensable  rating
of  40%.   The  applicant’s  November  1977   claim   for   individual
unemployability was denied in December 1977 based on the finding  that
the evidence failed to show he met the schedular requirements for 100%
total rating due to his service connected  disability  and  individual
unemployability because he was, at that time, employed.  Subsequent to
that time, the  applicant  filed  numerous  claims  for  increases  in
compensation for the  above  conditions  and  service  connection  and
compensation for other conditions that were  all  denied  until  1993,
when he was granted compensation for nonservice  connected  conditions
based on his World War II service.  He was awarded compensable ratings
of 20% for left ulnar neuropathy, 20% for arthritis  multiple  joints,
10% for lumbosacral strain with sciatic neuritis, 10% for  depression,
and 10% for bronchitis, for a combined compensable rating of 80%.

In a VA rating decision dated 26  February  1997,  the  applicant  was
granted an increase in his compensable percentage for  varicose  veins
from 30% to 60% and an increase for his left  index  finger  deformity
from 10% to 20%, from 15 July 1992.  He was granted  compensation  for
nonservice connected the conditions,  bilateral  multi-cystic  kidneys
and glaucoma macular degeneration, both conditions rated at  20%.   He
was also granted individual unemployability from 15  July  1992.   His
combined compensable rating was 90%.

_________________________________________________________________

AIR FORCE EVALUATION:

The  BCMR  Medical  Consultant  reviewed  the   applicant’s   original
submissions and recommended denial.  The Medical Consultant  indicated
that  a  review  of  the  medical  records  is   remarkably   complete
considering the half-century that has elapsed since  he  mustered  out
after the War.  Interestingly, he was granted a 10% disability  for  a
deformity of his left index finger from 1 April 1946  that  he  states
occurred while he was in uniformed duty.  However, his records contain
a history and physical examination taken  for  application  to  flying
training, dated 18 February 1941, that noted deformity of this  finger
and recorded a crushing injury in 1939 as  the  cause.   He  therefore
served his entire four years of active duty with  this  deformity  and
should not have received  compensation  for  an  injury  that  clearly
occurred prior to his enlistment.   No  other  evidence  is  found  or
provided  of  other   disability   conditions   that   would   warrant
consideration for retirement benefits.  Evidence of record and medical
examinations prior to separation indicate the applicant  was  fit  and
medically qualified for  continued  military  service  or  appropriate
separation and he did not have any physical or mental  condition  that
would  have  warranted  consideration  under  the  provisions  of  the
disability evaluation system.  Evidence of record  establishes  beyond
all reasonable doubt that the applicant was  medically  qualified  for
continued active duty, that the reason for his separation was  proper,
and that no error or injustice occurred in this  case.   There  is  no
evidence that he suffered any disabling injury  while  performing  his
active duty tour and compensation he has received for 51  years  would
seem  to  be  fraudulently  gained.   The  BCMR   Medical   Consultant
recommended that his evaluation  be  provided  to  the  Department  of
Veterans Affairs for use in  their  reevaluation  of  the  applicant’s
compensation.

A complete copy of this evaluation is at Exhibit C.

AFPC/DPPD concurred with the assessment by the BCMR Medical Consultant
and recommended denial of the applicant’s request.  DPPD  stated  that
the applicant did not submit any material or documentation to show  he
was unfit due to physical disability under the provisions of Title 10,
United States Code, at the time of his separation nor while he was  on
active duty orders with the Reserves (see Exhibit D).

Copies of the above-cited advisory  opinions  were  forwarded  to  the
applicant on 29 September 1997 for review and comment.   As  noted  in
the above, the  applicant  withdrew  his  request  for  correction  of
records on 17 October 1997 (see Exhibit E).

Pursuant to the  Board’s  request,  ARPC/DPP  provided  the  following
assessment of the applicant’s most recent submission.

In order to establish eligibility for Reserve retired  pay  under  the
provisions of Title 10, United States Code (U.S.C.), Section 12731,  a
member must complete 20 years of satisfactory service, with  the  last
eight years of qualifying service in a Reserve component.  A review of
the applicant’s military personnel record indicates  he  completed  17
years, 2 months, and 1 day of honorable Federal service;  however,  he
completed only 7 years, 4 months and 28 days of  satisfactory  service
as of 31 May 1959, the date of his transfer to  the  Honorary  Retired
Reserve.  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 he completed 7 years, 4 months  and  28
days.  Subsequent to 1  July  1949,  50  points  are  required  for  a
satisfactory retirement year.  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  courses
to satisfactorily complete a creditable  year  toward  retirement  for
pay.  From 1 July 1949 to 31 May  1959,  the  effective  date  of  his
transfer to the  Honorary  Retired  Reserve,  the  applicant  did  not
participate sufficiently to earn any additional satisfactory service.

On 9 March 1959, the applicant was sent a letter advising him  of  his
Reserve status and what his  options  were  for  his  current  status.
These options were:  to participate, transfer to the Retired  Reserve,
remain  in  ISLRS  (Inactive  Status  List  Reserve  Section)  or   be
discharged.  The applicant elected to transfer to the Retired Reserve.
 Since he did not meet the requirements for Reserve retired  pay,  the
applicant was transferred to the Honorary Retired Reserve  on  31  May
1959.

DPP recommends denial of the applicant’s request.  He did not complete
20 years of satisfactory service; therefore, he is  not  eligible  for
Reserve retired pay under the provision of Title 10,  U.S.C.,  Section
12731.

A complete copy of the evaluation is attached at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 March 2004, the applicant submitted a letter from  the  Adjutant
General, dated 11 June 1947, which confirms  his  appointment  to  the
highest rank attained on active duty during World War II.  He believes
that his records are incomplete and is requesting  retired  pay  under
the Army Air Corps Act of 1941.

Applicant's complete  submission,  with  attachment,  is  attached  at
Exhibit H.

_________________________________________________________________

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.  Evidence has not  been  provided
that would lead us to  believe  that  the  applicant  is  entitled  to
Reserve Retired pay for completion of required  service  or  that  his
circumstances met the statutory criteria to warrant retirement because
of physical disability.

      a.  The applicant believes he is entitled to Reserve retired pay
based on the completion of required service.  The  available  records,
which  appear  to  be  relatively  intact,  show  that  when  he   was
transferred to the Honorary Retired Reserve section, the applicant was
credited with 7 years, 4 months and 28 days  of  satisfactory  Federal
service.  By law, a member must have accrued 20 years of  satisfactory
Federal service.  The applicant has provided no evidence  showing  his
participation as a Reserve member  is  incorrectly  reflected  in  his
record.

       b.  We  have  noted  the  applicant’s  additional  request  for
retirement because of disability  based  on  his  allegation  that  he
suffered an injury while on active duty.  The record does not  reveal,
nor has the applicant provided, any evidence indicating  that  at  the
time of his release from active duty or during his subsequent  limited
Reserve service,  he  had  a  medical  condition  that  created  doubt
concerning his fitness to perform the duties of his office, grade,  or
rank because of physical disability.  In this regard,  we  agree  with
the assessment by the Chief, Medical Consultant and adopt his findings
as our conclusions in this matter.

      c.  In view of the  above,  we  have  no  basis  upon  which  to
favorably consider the applicant’s requests for entitlement to  either
Reserve or disability retired pay.

_________________________________________________________________

THE BOARD DETERMINES THAT:

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

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 May 2004, under the provisions of AFI 36-2603:

                       Mr. Gregory H. Petkoff, Panel Chair
                       Mr. Michael J. Novel, Member
                       Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 12 Oct 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 7 Jul 97.
      Exhibit D. Letter, AFPC/DPPD, dated 9 Sep 97.
      Exhibit E. Letters, SAF/MIBR, dated 29 Sep 97, Applicant’s
               Letter, dated 17 Oct 1997, and AFBCMR Letter,
               dated 13 Nov 1997.
      Exhibit F. Letter, ARPC/DPP, dated 23 Feb 04, w/atchs.
      Exhibit G. Letter, SAF/MRBR, dated 27 Feb 04.




                             GREGORY H. PETKOFF
                             Panel Chair