RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03905
            INDEX CODE:  135.03

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge status be changed to reflect  transfer  to  the  Retired
Reserve with privileges, but without pay or pension.

_________________________________________________________________

APPLICANT CONTENDS THAT:

From 1980 through 1986 he was an active duty Marine Corps pilot flying
the A-4M Skyhawk.  In 1987, he  joined  the  California  Air  National
Guard (CAANG) and became an F-4 fighter pilot with the 196th  Tactical
Fighter Squadron (TFS).  He contends he was a very proud member of the
squadron, even after acknowledging the many problems the squadron  had
experienced: six fatalities from four aircraft crashes, occurring just
before he joined the squadron until he was separated.  In 1991, due to
the problems the squadron was experiencing, when he suffered a class C
mishap, he was used as an example and given one of three choices: lose
his wings, a Flying Evaluation Board (FEB), or leave the unit.  He had
experienced a similar situation while flying in 1989,  took  the  same
action, and was commended for his action by a notation in his 6  March
1990 Officer Performance Report (OPR).  From 1992 to 1996, he was in a
non-participating, Reserve status.  In early 1997, he resumed  Reserve
service and was assigned to Los Angeles AFB in a points-only position.
 When he checked on any affect on his promotion potential his break-in-
service might have had, he was told he  would  not  meet  any  major’s
promotion board until he  had  received  a  one-year  “observed”  OPR.
Frustrated with the delay in getting  a  new  security  clearance,  he
applied for a Reserve Assistance Program Officer with  the  Civil  Air
Patrol (CAP), on 22 March 1998.  He was selected and began his service
on 28 August 1998.  He was under the  impression  he  would  meet  the
fiscal year 2001 (FY01) promotion board with a  year  and  a  half  of
service with the CAP, and, if necessary, meet the FY02 promotion board
with two and a half years of service.  He was shocked when, after only
three months with the CAP, he was notified he was  to  meet  the  FY00
promotion board.  Additionally, he was told he  had  already  met  the
FY94 promotion board and was non-selected.  He was not selected by the
FY00 board no doubt he contends, to the brief  period  of  evaluation.
He continued to serve in a points-only position up until  the  end  of
1999 and was ultimately discharged on 1 January  2000  after  over  16
years of service.  He feels he  attempted  every  remedy  possible  to
remain in a participating Reserve status but was unsuccessful.  He  is
now searching for a solution that would  allow  him  to  maintain  his
military affiliation in a retired status, at little or no  cost  (i.e.
no pay) to the U.S. government.  While he realizes  he  has  no  legal
standing to make this request, it is his hope the Board  will  act  in
the interest of fairness.  He admits that not every decision  he  ever
made was a good one and he feels the Air Force failed  him  in  a  lot
ways also.  It his contention that when all  the  facts  are  weighed,
transfer to the Retired Reserve with privileges  but  without  pay  is
fair and equitable.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement and two letters of support.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant began his military career with the Marine Corps  Reserve  on
26 October 1977.  On 26 October 1987, he  joined  the  CAANG,  in  the
grade of captain, as a Tactical Reconnaissance Pilot flying  the  F-4.
He received a referral OPR for the rating period 30 January 1991 to 15
October 1991 for his involvement in a Class C aircraft  incident  that
occurred on 10 February 1991.  He was offered the opportunity to  meet
a Flying Evaluation Board or transfer to the  inactive  Reserve.   His
last satisfactory year of service  was  his  reserve/retirement  (R/R)
year of 26 October 1990 to 25 October 1991.  On 16  October  1993,  he
was transferred to the Inactive Status List Reserve  Section  (ISLRS).
On 1 March 1993 he met the FY 94 Board but was  not  selected.   On  1
April 1997 he was removed from ISLRS list when he joined the Civil Air
Patrol (CAP).  On 12 February 1999, he received an OPR for the  period
2 April 1997 to 1 December  1998  wherein  he  was  listed  as  “Meets
Standards.”  On 14 July 1999, he received notification of  his  second
non-selection to the grade of major  by  the  FY  00  major  selection
board.  Consequently, on 1 January 2000, he was  honorably  discharged
in the grade of captain after having served over 16 years of  combined
active and Reserve service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP recommends denial.  While DPP notes they were not able  to
find a copy of the 1993 non-select letter that was supposed to  be  in
the applicant’s record, they also note the applicant did not  complete
20 years of satisfactory service and is  therefore,  not  eligible  to
retire.  Additionally, DPP contends, there is no provision of law that
would allow a member to retire with entitlements and no  pay.   He  is
either eligible to retire with benefits  or  he  is  not  eligible  to
retire.

DPP’s complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that while he is no authority on retirement  matters,
he does believe that retirement after 15 years of service is allowable
at times.  He states the points he earned between 1 April 1999  and  1
January 2000 were not counted.  He is not sure why this happened.  Had
the points been credited to his account and he  had  been  allowed  to
continue participation he would have completed 16 years of service  by
1 April 2000.

While many of the decisions he made regarding his military career were
not the best decisions, many of them were made of receiving no counsel
or counsel by Air Force personnel.  His decision to  leave  the  CAANG
was made because of the “climate within the organization at the  time”
as stated in an enclosed  letter  from  Major  General  Richards.   He
contends on his departure from  the  CAANG  he  was  never  given  any
counseling or advice on how to proceed with his career.

On his return to military  service  at  Los  Angeles  Air  Force  Base
(LAAFB), he was told that  he  would  have  one,  if  not  two,  OPR’s
available prior to meeting two Boards.  In hindsight, he  states  this
information was obviously  incorrect.   When  he  was  put  in  for  a
security clearance (his previous one had lapsed), their  inability  to
update one for him in a timely matter should not be held  against  him
and for the record, a Top Secret clearance was finally  granted  after
he left LAAFB.  Consequently, he was in an unobserved (for OPR) status
for the entire year preceding the surprise notification he would  meet
the FY 2000 Major Promotion Board.

He worked diligently at his position (for points and no pay) with  the
CAP in hopes the Air Force would somehow  rectify  his  situation  and
continued his efforts at returning to Reserve service.  He was  unable
to do so.  He  feels  ultimately  that  his  single  lapse  in  aerial
judgment for which he took full responsibility, coupled with a lack of
proper counseling and misinformation, cost him a fair  opportunity  to
serve for an additional four years to secure a Reserve retirement.

He disagrees with paragraph four of  ARPC’s  advisory  and  states  he
worked very hard and is proud of his record of service with the  USMC,
the CAANG, and the USAF Reserve.  He requests the Board  consider  his
record in it’s entirety  and  do  what  is  fair:  order  that  he  be
transferred to the Retired Reserve, be issued  an  ID  card,  and,  if
necessary provide him with a pension of one dollar per year.

Applicant’s complete submission, 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.  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
including his notable efforts to  return  to  some  type  of  military
service; 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.  There appears to be no provision  of
law that would allow a member to retire with entitlements and  no  pay
nor a  means  to  retire  without  meeting  eligibility  requirements.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

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(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
2004-03905 in Executive Session on 6 April 2005, under the  provisions
of AFI 36-2603:

      Ms. Cathlynn B. Sparks, Panel Chair
      Mr. Terry L. Scott, Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Dec 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 4 Feb 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Feb 05.




                                   CATHLYNN B. SPARKS
                                   Panel Chair