RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-00823
                                       INDEX CODE:  108.00
      XXXXXXXXXXXXXX                    COUNSEL: NONE

      XXXXXXXXXX                        HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  10 September 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive Reserve retired pay at age 60, some type of medical benefits,  or
Reserve Transition Assistance Pay (RTAP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes his records are unjust due to the fact he completed  almost  18½
years of  satisfactory  military  service  creditable  towards  retired  pay
eligibility; was injured in August 1988 while performing his  Reserve  duty;
and when  his  unit  was  disbanded  on  10  July  1991,  he  was  honorably
discharged without medical benefits or RTAP.  He  is  still  under  doctor’s
care for his back condition.

In support of his application, the applicant provided a personal  statement.
 The applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 October 1965, the applicant enlisted in the Regular Air  Force  in  the
grade of airman third class (E-2) for  a  period  of  four  years.   He  was
credited with 5 months and 26 days of satisfactory Federal service of  which
4 months and 8 days was active duty from prior military service in the  Army
Reserve.  On 13 August 1976, the applicant was  released  from  active  duty
under the PALACE CHASE program incurring a Ready Reserve obligation  service
date of 22 August 1978.  On 14 August 1976, the applicant  enlisted  in  the
Air Force Reserve in the rank of staff sergeant (E-4) for a  period  of  two
years and nine days.  The applicant continued to participate  in  the  Ready
Reserve  by  reenlisting,  with  his  last  reenlistment   establishing   an
Expiration Term of Service (ETS) of 10 July 1991.

On 29 April 1987, the applicant’s current enlistment was extended  until  28
May 1987 due to his failure to meet his maximum allowable weight (MAW).   On
3 May 1987, the applicant was identified as being seven pounds over his  MAW
of 199 pounds.  After evaluation and counseling by the medical  clinic,  the
applicant was cleared for  WMP  entry.   On  17  June  1987,  his  commander
temporarily increased the  applicant’s  MAW  to  205  pounds  based  on  his
military appearance,  the  use  of  body  fat  measurement  (BFM),  and  the
recommendation of  the  medical  practitioner.   On  14 November  1987,  the
applicant weighed 219  pounds  during  a  weight  check,  resulting  in  his
enrollment into the Air Force Reserve (AFRES) “Informal” WMP for failure  to
maintain his  MAW.   His  commander  notified  the  applicant  that  he  was
ineligible to reenlist while enrolled in the WMP  and  failure  to  maintain
his MAW could result in his separation.  The applicant acknowledged  receipt
of the notification.  Under the AFRES Informal WMP the applicant  was  given
90 days to reach his MAW.  On 9 April 1988, after failing weight  checks  on
5 December 1987, 9 January 1988, 8 February 1988, and  26  March  1989,  the
applicant was enrolled into the Formal WMP.   After  satisfactory  weigh-ins
in May and June of 1988, the  applicant  was  red-lined  (loss  of  pay  and
points for training) for the 9 July 1988 Unit Training  Assembly  (UTA)  for
unsatisfactory progress  in  the  WMP  when  he  gained  weight  instead  of
continuing to lose weight.  On 20 August 1988, the applicant  weighed-in  at
his MAW of 199 and was allowed to participate in training.   He  was  placed
into Phase II of the WMP and required to be weighed monthly for a period  of
six months.  Following an injury he  sustained  during  training  in  August
1988, the applicant’s weight checks were put in a pending status due to  his
non-participation.

In August 1988, the applicant received medical care following an  injury  he
sustained to his back while performing Reserve duty.  The  diagnosis  was  a
slipped disc  on  C-1  and  re-injury  of  a  pre-existing  back  condition.
According to a physical profile serial report, dated  30  August  1988,  the
applicant was placed on temporary restriction indicating he could no  longer
participate for pay or points until a full medical evaluation was  completed
to determine his world wide service fitness or to perform in his  Air  Force
duty as  a  firefighter.   The  report  indicated  the  applicant  was  also
disabled from his civilian employment as a firefighter.  A  memorandum  from
his commander, dated 23  October  1988,  notified  the  applicant  that  his
physical profile report dated 12 October 1988,  found  the  applicant  world
wide qualified;  however,  certain  restrictions  were  imposed  that  would
interfere with his duties as  a  Prime  Beef  team  member.   His  commander
instructed the applicant to report for duty on the scheduled  UTA  scheduled
for 5-6 November 1988 for career counseling  and  possible  retraining  into
another career field.  According to the  applicant’s  Point  Credit  Summary
prepared 14 October 1989, the last training the applicant performed was  13-
14 August 1988.

On 3 March 1989, the applicant was reassigned  to  the  Non-obligated,  Non-
participating Ready Personnel  Section  (NNPRS)  due  to  non-participation.
The applicant was honorably discharged from the  Air  Force  Reserve  on  10
July 1991 upon his ETS.  His unit was disbanded effective the same day.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states the applicant’s records indicate  he
completed 26 years, 3 months, and 6 days of honorable Federal service as  of
his discharge from the Air Force Reserve; however, only 18 years, 4  months,
and  9  days  of  this  time  was  satisfactory  service  creditable  toward
retirement pay eligibility.  There is no documentation  in  the  applicant’s
record that indicates he was medically disqualified for  continued  military
service.

DPP states the National Defense Authorization  Act  for  Fiscal  Year  1995,
which was signed into law on 5 October 1994, amended Title 10 United  States
Code (USC), Section 12731 to include early  qualification  for  retired  pay
for  members  who  were  medically  disqualified  for  duty.   To  establish
eligibility for Reserve retired pay at age 60 under the provisions of  Title
10 USC, Section 12731a, for physical disqualification, a  member  must  have
completed at least 15  years,  but  less  than  20  years,  of  satisfactory
Federal service and been medically disqualified for military service  on  or
after 5 October 1994.  Since the applicant’s record does  not  show  he  was
medically disqualified and he was honorably discharged prior  to  5  October
1994, he is not eligible for Reserve  retired  pay  or  any  other  benefits
associated with retired pay, under this provision.

DPP states RTAP was established to offer  compensation  to  members  of  the
Selected Reserve who were separated involuntarily  due  to  force  reduction
measures (i.e. base closures,  unit  inactivation,  relocation,  and  tenure
programs) used to shape the future  force.   From  23  October  1992  to  31
December 2001, a member of the Selected  Reserve  involuntarily  transferred
from the Selected Reserve with at least 15 years, but less  than  20  years,
of satisfactory  service  and  was  involuntarily  separated  due  to  force
reduction, was eligible for retirement under  the  provisions  of  Title  10
USC, Section 12731a.  Since the applicant was discharged from the Air  Force
Reserve prior to the enactment of this provision of law, he is not  eligible
for RTAP pay or Reserve Retired pay.

The AFPC/DPP evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the  applicant  on  8
April 2005, for review and  comment  within  30  days  (Exhibit  D).   In
response the applicant forwarded copies of his service records,  and  two
statements from his civilian doctors.  The copies of service records  are
included at Exhibit B.  The  statements  from  the  applicant’s  civilian
doctors are 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.  After a thorough review of  the  available
records,  we  found  no  evidence  that  the  individual  is  eligible   for
retirement under the provisions of Title 10, USC, Section 12731.  We note  a
member must have 20 years of satisfactory Federal  service,  with  the  last
eight years of qualifying service in a Reserve  component,  to  be  eligible
for Reserve retired pay.  Additionally,  we  note  the  applicant  does  not
qualify for early retirement under the provisions of  the  National  Defense
Authorization Act of 1995 nor does he qualify for compensation  under  RTAP.
The evidence provided confirms the applicant was credited with 26  years,  3
months, and 6  days  of  honorable  Federal  service;  however,  the  record
indicates that only 18 years,  4  months,  and  9  days  of  this  time  was
satisfactory  Federal  service  credible  toward  retired  pay  eligibility.
Therefore, in the absence of evidence by the applicant that  would  lead  us
to believe he participated as an active member of the Air Force  Reserve  to
a greater degree than that indicated by his record or that his point  credit
histories are improperly recorded, we agree with the assessment by  the  Air
Force office of primary responsibility and adopt their  conclusions  as  our
findings  in  this  case.   Accordingly,  the  applicant’s  request  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 this application in  Executive
Session on 8 September 2005, under the provisions of AFI 36-2603:

            Mr. Michael J. Novel, Panel Chair
            Ms. Cheryl V. Jacobson, Member
            Mr. Terry L. Scott, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2005-00823
was considered:

      Exhibit A.  DD Form 149, dated 4 Mar 05, w/atch.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, ARPC/DPP, dated 5 Apr 05.
      Exhibit D.  Letter, SAF/MRBR, dated 8 Apr 05.
      Exhibit E.  Applicant’s Rebuttal, dated 14 May 05, w/atchs.




                             MICHAEL J. NOVEL
                                             Panel Chair