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

FROM: SAF/MR

SUBJECT:    AFBCMR Case of APPLICANT

      I have carefully reviewed the circumstances of this case and do
not agree with the AFBCMR panel’s recommendation to grant the
applicant’s request for a correction of records to render him eligible
for Reserve retired pay at age 60.

      In his application to the Board, the applicant contends that his
six months of Army Reserve service was not included in the 19 years
and 11 months of satisfactory service.  He believes that once he is
credited with his Army Reserve service, he will be eligible for
Reserve retired pay at age 60.

      In light of the applicant’s history of participation, the Board
believes, in effect, had the applicant been properly briefed and
understood he had not completed 20 years of satisfactory service, he
would have continued to participate until he was retirement eligible.

      Congress established retirement eligibility at age 60 with 20
years of satisfactory service, with the last six/eight years of
qualifying service in a Reserve component.  The available records
reflect the applicant had over three years of active duty service and
20 years of service in a Reserve component.  However, he performed
only 19 years and 11 months of satisfactory service towards retirement
during these years.  Had he completed the last year of service
satisfactorily, he would have been retirement eligible when he reached
age 60.

      I recognize the applicant’s disappointment in not being eligible
for Reserve retired pay upon attaining age 60.  However, I note that
he failed to obtain sufficient points for a satisfactory year of
service for the last two years preceding his discharge in 1993.
Further, he was officially advised of his ineligibility for retirement
the same year and took no action to earn the additional service to
qualify for retirement.  Under these circumstances, it would be
grossly unfair to numerous reservists who do not qualify for retired
pay because, for reasons of their own, they fail to acquire the
requisite number of satisfactory years of federal service.
Accordingly, it is my decision that the application be denied.


                                             MICHAEL L. DOMINGUEZ
                                             Assistant Secretary
                                             (Manpower and Reserve
Affairs)

Attachment:
Complete Case File

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00872
            INDEX CODE:  135.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  13 SEP 2006
_________________________________________________________________

APPLICANT REQUESTS THAT:

His Army Reserve service be credited to his military service to  allow
eligibility for Reserve retired pay at age 60.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He  was  informed  that  he  only  had  19  years  and  11  months  of
satisfactory service.  His Army Reserve service of six months was  not
included in his military service; this will equate to 20 years  and  5
months of service and allow for his retirement.  He was informed  that
he could be dropped from the Army Reserve in June 1975 and  picked  up
in the Air Force Reserve in July  1975  without  losing  any  time  in
service.

In support of his request, the applicant submits a personal  statement
and additional documents associated  with  the  issues  cited  in  his
contentions.  The applicant’s complete submission,  with  attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular  Air  Force
on 9 November 1964 for a period of four years.  He was  released  from
active duty in the grade of  sergeant  (E-4)  on  8 October  1968  and
transferred to the Air Force Reserve, having completed 3 years and  11
months of active duty service.  He was in the inactive Reserves from 9
October 1968 to 8 November 1970 (2 years and  one  month).   Applicant
had a break in service during the period 9 November 1970 to 10 January
1975.  He served in the Reserve of the Army from 11  January  1975  to
20 June 1975, at which time he was discharged from the Army Reserve to
enlist in the Air Force Reserve.  He served in the Air  Force  Reserve
from 21 June 1975 to 10 January 1976.  Combining both the Army Reserve
and Air Force Reserve service, he received credited with one  year  of
satisfactory Federal service for the  period  11 January  1975  to  10
January 1976.  The applicant continued his enlistment in the Air Force
Reserve from 11 January 1976 to 2 January 1993.  He did not complete a
year of satisfactory Federal service during  the  periods  11  January
1991 to 10 January 1992  and  10  January  1992  to  2  January  1993.
Effective 2 January 1993, the applicant was relieved from his  Reserve
assignment,  Nonobligated  Nonparticipating  Ready  Personnel  Section
(NNRPS), and honorably discharged from the Air Force  Reserve  in  the
grade of technical sergeant (E-6).
_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP recommends the application be denied.  DPP states that, in
order to establish eligibility  for  Reserve  retired  pay  under  the
provision of Title 10, a member must complete 20 years of satisfactory
service, with the last six/eight years  of  qualifying  service  in  a
Reserve component.  A review of  the  applicant’s  military  personnel
record indicates he completed a total of 23 years, 11  months  and  22
days of honorable service as of 2 January 1993, his date of  discharge
from the Air Force Reserve.  However, only 19 years and 11  months  of
this time  is  satisfactory  service  creditable  toward  retired  pay
eligibility.   Satisfactory  service  must   be   earned   by   active
participation in a Reserve Component.  Since  the  applicant  did  not
complete 20 years of satisfactory service,  he  is  not  eligible  for
Reserve retired pay, or any  benefits  associated  with  retired  pay.
With regard to applicant’s claim he did not  receive  credit  for  the
time he served with the Army Reserve,  DPP  provided  an  audit  which
verifies the  applicant  was  properly  credited  with  this  service.
Hence, his satisfactory service was correctly calculated as  19  years
and 11 months.  The HQ ARPC/DPP evaluation, with  attachments,  is  at
Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on  8
April 2005 for review and response.  As of this date, no response  has
been received by this office (Exhibit C).
_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  With respect to the applicant’s Army
Reserve service credit, we note that the appropriate Air Force  office
has  verified  he   was   properly   credited   with   this   service.
Notwithstanding, the evidence of record reveals the applicant was five
points short of a good retirement year for the retirement year  ending
10 January 1992.  While there is no indication that  his  points  were
erroneously credited for this period, after reviewing  the  facts  and
circumstances involved in this case and in  view  of  the  applicant’s
lengthy history of active and honorable participation, we  believe  it
would be unjust to deprive him  of  the  retirement  benefits  he  had
worked so long to earn because he lacked the five points necessary for
a good retirement year.  In fact, we  find  it  difficult  to  believe
that, had the applicant received the proper advice from his  unit,  he
would have voluntarily taken an action which was so  clearly  contrary
to his  own  best  interests.   Accordingly,  we  recommend  that  the
applicant’s 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 he was  credited  with
five   additional   nonpaid   inactive   duty   points   during    the
retirement/retention year 11 January 1991  through  10  January  1992,
resulting in 50 total points; and, that  the  period  11 January  1991
through 10 January 1992 is a year of satisfactory Federal service  for
retirement.
_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2005-
00872 in Executive Session on 30 June 2005, under  the  provisions  of
AFI 36-2603:

                  Mr. Laurence M. Groner, Panel Chair
                  Ms. Kathy L. Boockholdt, Member
              Mr. Terry L. Scott, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 Jan 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPP, dated 30 Mar 05, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 8 Apr 05.




                                   LAURENCE M. GRONER
                                   Panel Chair



AFBCMR BC-2005-00872




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 he was credited
with five additional nonpaid inactive duty points during the
retirement/retention year 11 January 1991 through 10 January 1992,
resulting in 50 total points; and, that the period 11 January 1991
through 10 January 1992 is a year of satisfactory Federal service for
retirement.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency