RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00907
            INDEX CODE:  136.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

A waiver be granted that will enable  his  type  of  discharge  to  be
changed to a retirement, he be eligible for access to the  commissary,
he be eligible for TriCare health benefits, and access to  other  base
privileges.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged after serving 19 years, 4 months,  and  13  days  of
active and Air National Guard (ANG) service,  making  him  just  seven
months and a few days short of  qualifying  for  retirement.   He  was
involved in a car accident on his way  to  a  Unit  Training  Assembly
(UTA) wherein he was injured.  He was medically discharged instead  of
medically retired.  The Department  of  Veteran’s  Affairs  (DVA)  has
granted him 100% service-connected disability with unemployability.

In support of his appeal, the applicant has provided copies of his  WG
AGO Form 53-280, Enlisted Record and Report of Separation  Certificate
of Service, his  National  Guard  Bureau  (NGB)  Form  22,  Report  of
Separation and Record of Service, and a DVA rating decision.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the Regular Army as an  infantryman  from  28 July
1948 to 27 July 1949.   He  then  served  nine  years  with  the  Army
Reserve.  On 19 October 1974, he enlisted into the  North  Dakota  ANG
(NDANG) and was  progressively  promoted  to  the  rank  of  technical
sergeant with a date of rank of 16 October 1976.  On  2 November  1982
applicant was traveling to duty when a train struck  him.  A  Line  of
Duty (LOD) determination of “YES” was completed 8 November  1982.   On
22 January 1984 a Medical Evaluation Board (MEB) found  him  medically
disqualified for general military service and worldwide duty. His last
day of disability continuation pay was 1 March 1984. He was  honorably
discharged from the NDANG On 1 March 1984,  after  having  served  for
nine years, four months, and thirteen days.  He  had  a  total  of  19
years, 4 months, and 13 days of combined active and Reserve service at
the time of his discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI  states  that  retirement  sanctuary
under Title 10  United  States  Code  (U.S.C.),  Section  1176(b)  and
Section 1246 (a)(b)(e) is provided for Air Force Reserve (AFR) and ANG
members serving in a active Reserve status who have completed at least
18  but  fewer  than  20  years  of  satisfactory  service.   Enlisted
eligibility further states that enlisted members in an  active  status
selected to be involuntarily separated for  physical  disqualification
or for cause are not eligible for  reserve  sanctuary.   The  National
Defense Authorization  Act  for  FY95  approved  a  temporary  special
retirement qualification authority that allowed ANG members  medically
disqualified with over 15 years but less than 20 years of satisfactory
service to submit a request to receive retired pay at  age  60.   This
authority went into effect on 27 September 1994.  Since the member was
discharged in March 1984, he is ineligible for retirement.

DPPI’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4
February 2004 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 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;
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  wherein
the applicant may be considered for  retirement.   Therefore,  in  the
absence of evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________


RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-03782 in Executive Session on 8 March 2005, under the  provisions
of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Ms. Barbara R. Murray, Member
      Mr. Christopher D. Carey, Member

By a majority vote, the Board voted to deny the request.  Mr.
Christopher D. Carey voted to correct the record and does not desire
to submit a minority report.  The following documentary evidence was
considered:

    Exhibit A.  DD Form 149, dated 9 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 25 Jan 05.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Feb 05.




                                   RICHARD A. PETERSON
                                   Panel Chair





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                       FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT


      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that the
applicant had not provided sufficient evidence of error or injustice
and recommended the case be denied.  I concur with that finding and
their conclusion that relief is not warranted.  Accordingly, I accept
their recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency