RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01514
INDEX CODE: 135.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded a Reserve retirement at age 60 instead of severance pay
due to his having 18 years of service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He entered the Air National Guard (ANG) in 1985 and has since served
his country by fighting in two wars: Desert Storm and Operation
Enduring Freedom. He was granted a disability and offered only one of
two possible options as a result. He was offered and accepted
discharge with severance pay but was not aware at the time of his
right to a Reserve retirement at age 60 instead of severance pay. He
believes his military service has been dishonored and that he has been
hoodwinked. He would like to accept a Reserve retirement instead of
discharge with severance pay and would like his record to reflect
such.
In support of his appeal, the applicant has provided copies of his DD
Form 214, Certificate of Release or Discharge from Active Duty, his
National Guard Bureau (NGB) Form 22, Report of Separations and Record
of Service, his discharge order, a memo from the South Carolina
Adjutant General’s office in response to a request from his
representative, a memo of explanation from the ANG HQ, and a copy of
Air Force Form 1180, Medical Evaluation Board Findings and Recommended
Disposition.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, a former member of the South Carolina ANG (SCANG),
served on active duty from 25 February 2002 to 24 February 2003 in
support of Operation Enduring Freedom/Iraqi Freedom. He was, at some
point, injured and subsequently met an Informal Physical Evaluation
Board (IPEB). The IPEB recommended the applicant be discharged with
disability severance pay in the grade of Staff Sergeant with 5.61
years of active service. The applicant agreed with this finding as he
so indicated on the AF Form 1180. He was discharged with disability
severance effective 20 January 2004. He was discharged in the grade
of Staff Sergeant and had served 18 years, 1 month, and 25 days of
combined active and Reserve service.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI recommends denial. DPPI states the applicant was processed
properly under the Disability Evaluation System (DES) by the Regular
Air Force and they can find no evidence of error or injustice in his
case. The applicant was offered discharge with severance pay and not
the option to transfer to the Inactive Status List Reserve Section to
await retired pay at age 60, because he had not completed 20
satisfactory years of service. At the time of his discharge, he
accepted the severance pay as evidenced by his signature on the AF
Form 1180. DPPI states further that applicant was not eligible to
transfer to ISLRS as his last six years were not qualifying years nor
did he complete 20 years of satisfactory service. DPPI can find no
error or injustice in this case.
DPPI’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
28 January 2005 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 timely filed.
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, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. Applicant is not entitled to a Reserve
retirement, as his last six years of service were not qualifying years
spent in a Reserve component. 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 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 AFBCMR Docket Number BC-
2004-01514 in Executive Session on 26 April 2005, under the provisions
of AFI 36-2603:
Ms. B.J. White-Olson, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 May 04, w/atchs.
Exhibit B. Letter, ANG/DPPI, dated 24 Jan 05.
Exhibit C. Letter, SAF/MRBR, dated 28 Jan 05.
B.J. WHITE-OLSON
Panel Chair
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