RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03663
INDEX CODE: 135.02
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to reflect the period of service from 10 September
1992 to 9 September 1993 be changed from a combination of Regular and
Reserve service, to Reserve service only, and that he be made eligible for
transfer to the United States Air Force Reserve (USAFR) Retired List,
effective 10 August 2004.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was notified on 30 July 2004 that he was physically disqualified for
continued military service and that he was eligible for retirement. He
applied for transfer to the Retired Reserve on 10 August 2004 and was
notified on 21 October 2004 that he was in fact not eligible for
retirement and would be honorably discharged.
In support of his appeal, the applicant has provided a personal statement
and copies of a pertinent email trail, pertinent memorandums, a point
credit summary, pertinent copies of his physical disqualification
notification, and a copy of his application to the Retired Reserve.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant joined the Regular Air Force on 29 September 1976. On 31
December 1992, after 16 years and 3 months of active duty, he joined the
Air Force Reserve (AFR). On 1 January 2003, he was placed on a physical
profile where he was deemed not worldwide qualified and was not allowed to
participate for pay or points. On 25 May 2004, he was found medically
disqualified for further military service. On 30 July 2004, he was
notified of his impending administrative discharge and was told he was
qualified for Reserve retirement. Applicant applied for Reserve
retirement on 10 August 2004. His application was processed at Air
Reserve
Personnel Center where an audit of his Reserve service was conducted. The
audit found the applicant did not qualify for Reserve retirement in
accordance with Title 10 United States Code (U.S.C.) Section 12731 as he
did not meet the requirement that his last six years of satisfactory
service be spent in a Reserve component. ARPC notified the applicant he
had satisfied only five years, eight months, and nine days of the six-year
requirement. His retention/retirement year of 10 September 1992 to 9
September 2003 actually consisted of a combination of Regular active duty
and Reserve service. On 1 October 2004, he was honorably discharged for
physical disqualification after serving for 22 years.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states the applicant is not eligible for
retirement under the provision of Title 10, U.S.C., Section 12731, since
he does not have the last six years of qualifying service in a Reserve
component. DPP notes the applicant joined the AFR during his R/R year of
10 September 1992 to 9 September 1993, leaving him 3 months and 21 days
shy of meeting the six-year requirement.
DPP’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant contends during his 22 years of honorable service that he has
never been as much as a reprimand. He never committed a crime and has
never been in trouble of any kind. He has always completed all
assignments and training ever requested of him, even when it became a
hardship for his family. After more than 22 years of faithful and
honorable service, due to an act of God, he became ill and currently
suffers from cardiomyopathy (enlarged heart), extreme diabetes, high
cholesterol, severe renal (kidney) failure, and severe anemia. From the
time he joined the Air Force he had only been hospitalized once and then
only for one day. Then, in 1984, according to his doctor a virus or
bacteria attacked his heart. The only virus or bacteria he had been
exposed to at that time was three anthrax injections from a lot, later
recalled and determined to have been tainted. If he could perform the
additional four months to make up the time, he would. However, he is not
allowed to because of his illnesses. In conclusion, he believes that a
time period of less than four months should not ruin a retirement.
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 error or injustice. He was notified he was medically
disqualified for continued military duty and given the opportunity to
apply for a Reserve retirement. Consequently, he applied for retirement
and was notified he was actually not eligible for a Reserve retirement at
age 60 as he was 3 months and 21 days shy of meeting the requirement that
his last 6 years of service be performed in a Reserve status. Under the
circumstances of this case and in order to preclude an injustice to the
applicant we recommend that the records be corrected as 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 was credited with an additional eleven (11) non-paid
inactive duty points for the partial retention/retirement year of
10 September 1995 to 31 December 1995, resulting in 16 total and
retirement points and 3 months and 21 days of satisfactory service.
b. He was not honorably discharged from the Air Force Reserve
on 1 October 2004, but was transferred to the Retired Reserve List,
eligible for Reserve retired pay at age 60 under the provisions of Title
10, U.S.C., Section 12731.
______________________________________________________________
The following members of the Board considered this application in
Executive Session on 4 May 2005, under the provisions of AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Mr. Joseph D. Yount, Member
Mr. Albert C. Ellett, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Nov 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 21 Dec 04, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 29 Dec 04.
Exhibit E. Letter, APPLICANT, dated 17 Jan 05, w/atchs.
JOHN B. HENNESSEY
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR BC-2004-03663
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 was credited with an additional eleven (11) non-paid
inactive duty points for the partial retention/retirement year of
10 September 1995 to 31 December 1995, resulting in 16 total and
retirement points and 3 months and 21 days of satisfactory service.
b. He was not honorably discharged from the Air Force
Reserve on 1 October 2004, but was transferred to the Retired Reserve
List, eligible for Reserve retired pay at age 60 under the provisions
of Title 10, U.S.C., Section 12731.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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