RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00737
            INDEX CODE:   136.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he retired from the Air Force
Reserve at age 60  rather  than  being  separated  with  Disability
Severance Pay.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was denied the filing of his application for Reserve  retirement
at age 60 based on a legal opinion, dated 5 Dec 94, and then  later
received a letter, dated 14 May  03,  from  HQ  ARPC  allowing  the
retirement  application.   His  application  was   denied   because
severance pay was determined to be retired pay.

He states he was never briefed that he would  lose  his  retirement
eligibility or survivor benefits.  He was briefed that  the  letter
of eligibility for retired pay at age 60 was conclusive.

In support of his appeal, applicant submitted a  handwritten  note;
copies of letters he received from HQ ARPC regarding his retirement
at age 60; AF Form 100, Request and Authorization  for  Separation,
dated 7 Sep 88 and excerpts from Title 10 USC 1223 and 1215.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 Oct 53.   He  was
released from active duty and transferred to the Air Force  Reserve
on 12 Sep 57.  His grade at the time of  his  release  from  active
duty was airman second  class  (A1C/E-4).   He  was  credited  with
3 years, 11 months of active duty service.

He served in the Air  Force  Reserve  from  13  Sep  57  until  his
discharge on 15 Sep 88 due to physical disability with  entitlement
to severance pay.  He was progressively promoted to  the  grade  of
senior master sergeant with an effective date and date of  rank  of
17 Oct 63.  Applicant was credited with 11.30 years of active  duty
service for pay at the time of his discharge.  His ARPC  Form  168,
dated 26  Aug  88  reflects  he  was  credited  with  31 years  and
11 months of satisfactory Federal service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP  reviewed  this  application  and  recommended  denial.
Applicant was medically disqualified for military service in  1988.
By  law,  he  could  either  be  discharged  with  entitlement   to
disability severance pay or, if eligible, request transfer  to  the
Inactive Status List Reserve Section (ISLRS) to await  pay  at  age
60.  Since the applicant has over 20 years of satisfactory service,
he was eligible to transfer to ISLRS to await retired pay, however,
he elected to be discharged with disability severance pay.

Applicant  claims  he  was  never  briefed,  as  required  by  law,
regarding what effect accepting the disability severance pay  would
have on his retired pay benefits.  DPPR could not verify whether or
not applicant did receive a briefing prior to separation.  However,
the statutory separation counseling requirement did not exist  when
the applicant was separated from military service in 1988.

A review of the applicant’s package submitted  to  HQ  ARPC/JA,  in
2003, determined that the applicant was not  eligible  for  Reserve
retired  pay  because  he  had  accepted  and  received  disability
severance pay.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a response to the  evaluation  by  letter  dated
8 May 04, explaining the reasons  why  he  believes  he  should  be
entitled to retired pay at age 60.

In support of his appeal, he  provided  a  personal  statement  and
excerpts from Title 10 USC attached a copy of  a  letter  from  the
Veterans Administration (VA).

Applicant’s complete response, with attachments, 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 warranting a correction to  the
record.  The applicant, as the record now stands, was not  entitled
to retired pay when he reached age 60.  The applicant  contends  he
was not properly briefed that when he  accepted  severance  pay  in
1988, he forfeited his eligibility to receive retired  pay.   After
reviewing the circumstances surrounding this case, we believe it is
likely the applicant did not receive proper counseling at the time.
 In this  respect,  we  note  the  applicant  had  been  previously
notified he was eligible for retired pay at age 60.   In  addition,
we find it inconceivable the applicant  would  have  forfeited  his
retirement pay after serving over 31 years of satisfactory  federal
service.  The applicant, once he reached the age of 60, applied for
his retired pay.  We believe, based on all  evidence,  his  records
should be corrected to entitle him to retired pay.   The  severance
pay he received will have to be recouped, and he will  be  provided
the opportunity to make an election  under  the  Reserve  Component
Survivor Benefit Plan (RCSBP).

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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 not discharged from the Air  Force  Reserve,
but was transferred to the Retired Reserve Section on 15  September
1988 to await pay at age 60 rather than  being  discharged  due  to
physical disability with entitlement to severance pay.

            b.  He was assigned to the USAF Retired List on 15  May
1995 and was eligible for retired pay under the provisions of Title
10, United States Code, Section 12731.

            c.  He be provided the opportunity to make an  election
under the Reserve Component Survivor Benefit Plan (RCSBP).

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2004-00737 in Executive Session on 1 September 2004,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. John E. B. Smith, Member
      Ms. Kathy L. Boockholdt, Member

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

     Exhibit A.  DD Form 149, dated 25 Feb 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ ARPC/DPP, dated 6 Apr 04.
     Exhibit D.  Letter, SAF/MRBR, dated 9 Apr 04.
     Exhibit E.  Letter, Applicant, dated 1 May 04, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair



AFBCMR BC-2004-00737




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXX, XXXXXXX, be corrected to show that:

            a.  He was not discharged from the Air  Force  Reserve,
but was transferred to the Retired Reserve Section on 15  September
1988 to await pay at age 60 rather than  being  discharged  due  to
physical disability with entitlement to severance pay.

            b.  He was assigned to the USAF Retired List on 15  May
1995 and was eligible for retired pay under the provisions of Title
10, United States Code, Section 12731.

            c.  He be provided the opportunity to make an  election
under the Reserve Component Survivor Benefit Plan (RCSBP).






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency