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AF | BCMR | CY2005 | BC-2004-03663
Original file (BC-2004-03663.doc) Auto-classification: Approved

                       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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