RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:            DOCKET NUMBER:  BC-2004-02013
                             INDEX CODE:  135.00

                             COUNSEL:  NONE

                             HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s  record  reflects  he  completed  sufficient  service  to
qualify for retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her late husband passed away from an acute pulmonary  thromboembolism  -  he
fell from a two-story home.  They were married for 12 years and have a  six-
year-old son.  She  indicates  her  husband  was  a  traditional  reservist;
however, he was activated three times in 19½  years  of  service  and  spent
many months away from his family.  He remained  in  the  same  unit  for  an
entire career and looked forward to his service  of  20  years  which  would
have been completed in June 2004.  She was advised her  husband  accumulated
36 points toward his Retention/Retirement (R/R) year as  of  November  2003.
Her husband also made a Reserve  Component  Survivor  Benefit  Plan  (RCSBP)
election for full coverage for her and their son.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 8 June 1984 the applicant enlisted in the Reserve of the Air Force.

During the time  period  in  question,  he  was  serving  in  the  grade  of
technical sergeant effective and with a date of  rank  (DOR)  of  1 November
2000.

The applicant died on 14 December 2003.



The applicant completed 19 years,  6  months  and  7  days  of  satisfactory
service.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP  recommended  approval.   They  indicate  in  order  to   establish
eligibility for Reserve retired  pay  under  the  provisions  of  Title  10,
U.S.C., Section  12731,  a  member  must  complete  at  least  20  years  of
satisfactory service with the last six years  of  qualifying  service  in  a
Reserve component.  The service member completed 19 years, 6 months,  and  7
days of satisfactory service.   Since  he  did  not  complete  20  years  of
satisfactory  service,  he  is  not  eligible  for  retired  pay  under  the
provisions  of  Title  10,  U.S.C.,  Section  12731.   His  record  contains
documentation that shows he was mobilized for Operation  Desert  Storm  from
11 February 1991 to 30 September 1991 and  again  for  Noble  Eagle/Enduring
Freedom from 7 November 2001 to 10 April 2003.  He had not  been  given  the
opportunity to make  an  RCSBP  election  since  he  had  not  yet  met  the
eligibility requirements for retired pay.  There is  no  doubt  the  service
member would have completed his 20th year of satisfactory  service  (he  had
already earned 36 points for his current  Retention/Retirement  (R/R)  year)
if he had not died prematurely.  He  was  awarded  the  Meritorious  Service
Medal (Posthumously) for the period 8 June 1984  to  13 December  2003,  for
his outstanding professionalism, leadership and dedication to his unit.   If
the Board agrees with their recommendation the following would  need  to  be
accomplished:

        a.  Show the  service  member  originally  enlisted  in  the  United
States Air Force Reserve on 14 December 1983.

        b.  Award the member 17 non-paid inactive duty training  points  and
7 membership points for the period 14 December 1983 to 7 June  1984,  making
this period (5 months and 24 days) a satisfactory partial year  of  service.
This would give the member 20 years of satisfactory service on  13  December
2004 (sic), the day before he died.

        c.  Grant the applicant full, immediate  coverage  (Option  CF)  for
spouse and children, under the RCSBP on 14 December 2004 (sic).

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 July 2004, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

On 3 August 2004, the Board  staff  provided  the  applicant  with  a  prior
decision by the Assistant Secretary on a case similar to hers  and  provided
her the opportunity  to  respond  (Exhibit  E).   On  13  August  2004,  she
provided a response (Exhibit F) and  on  19 August  2004,  the  Board  staff
resent the copy of the prior decision by the Assistant Secretary  and  again
provided her the opportunity to respond (Exhibit G).  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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an  error  or  injustice.   The  applicant  contends  her  late
husband completed over 19½ years  of  service,  spent  time  away  from  his
family due to military activation, remained in the same unit for  an  entire
career, looked forward to his retirement, and made  an  RCSBP  election  for
full coverage for  her  and  their  son.   After  thoroughly  reviewing  the
evidence of record and the applicant’s  submission,  the  Board  is  of  the
opinion the servicemember’s record should reflect he completed 20  years  of
satisfactory service  to  qualify  him  for  retirement  and  to  grant  the
applicant full, immediate  coverage  for  spouse  and  children,  under  the
RCSBP.  The servicemember completed  19  years,  6  months,  and  7 days  of
satisfactory service, which included no break in service.  He had earned  36
points for his current Retention/Retirement year at the time of his death  -
only 14 points less than a satisfactory year.  (Air Force policy is that  50
points  are   required   for   a   satisfactory   year.)    Throughout   the
servicemember’s career he far exceeded the minimum  points  required  for  a
satisfactory year.  He was a stellar performer and was posthumously  awarded
the MSM for his outstanding professionalism, leadership  and  dedication  to
his unit.  He was mobilized for Operations Desert Storm,  Noble  Eagle,  and
Enduring Freedom.  The Board noted that the  Assistant  Secretary  (Manpower
and Reserve) denied a similar case; however, in that case the member  had  a
break in service, otherwise he would have had sufficient time to  obtain  20
years  of  satisfactory  service.   In  the  applicant’s  case,  he   served
continuously and was accidentally killed before completing the 5 months  and
24 days of additional service to qualify for retirement and RCSBP.   As  his
record currently stands, his family is not entitled to  any  benefits.   The
Board compared this case to the Air Force policy to  continue  a  member  on
life support to allow him or her the  opportunity  for  retirement  and  SBP
coverage for his or her family.  This case is different  from  a  disability
case, but the principle is similar, i.e., give  the  servicemember’s  family
survivor benefit  coverage  based  on  the  member’s  years  of  outstanding
service to his country.  To deny the applicant’s  request  would  constitute
an injustice.  In view of the applicant’s overall record and  his  exemplary
service to his country, we believe sufficient  basis  exists  to  grant  the
relief requested.  Therefore in the interest of  justice  we  recommend  his
records be corrected to the extent 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 enlisted in the Air Force Reserve on 14 December 1983, rather than  8
June 1984.

b.  He was credited with 17 non-paid inactive duty points  and  7 membership
points during the period 14 December 1983 to  7 June  1984,  and,  that  the
period 14 December 1983 to 7 June 1984 is a  partial  year  of  satisfactory
Federal service for retirement.

c.  On 13 December 2003, he elected spouse and child  coverage,  Option  CF,
immediate coverage, under  the  Reserve  Component  Survivor  Benefit  Plan,
based on full retired pay.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
02013 in Executive Session on 22 September 2004,  under  the  provisions  of
AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Ms. Martha J. Evans, Member
                 Mr. Alan A. Blomgren, Member

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

   Exhibit A.  DD Form 149, dated 16 June 2004, w/atchs.
   Exhibit B.  Military Personnel Records.
   Exhibit C.  Letter, ARPC/DPP, dated 7 July 2004, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 9 July 2004.
   Exhibit E.  Letter, AFBCMR, dated 3 August 2004, w/atch.
   Exhibit F.  Letter, Applicant, dated 13 August 2004.
   Exhibit G.  Letter, AFBCMR, dated 19 August 2004, w/atchs.




                       ROBERT S. BOYD
                       Panel Chair




AFBCMR BC-2004-02013





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 APPLICANT, be corrected to show that:

         a.  He enlisted in the Air Force Reserve on 14 December 1983,
rather than 8 June 1984.

          b.  He was credited with 17 non-paid inactive duty points and 7
membership points during the period 14 December 1983 to 7 June 1984, and,
that the period 14 December 1983 to 7 June 1984 is a partial year of
satisfactory Federal service for retirement.


        c.  On 13 December 2003, he elected spouse and child coverage,
Option CF, immediate coverage, under the Reserve Component Survivor Benefit
Plan, based on full retired pay.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency





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