RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01617
            INDEX CODE:  136.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  17 Nov 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 16 years of active service in the Air Force be included  with  his
time in the Georgia Air National Guard in order for him to be eligible
for a Reserve retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was medically disqualified from further service in the Air National
Guard (ANG) due to a non-service related condition and  was  honorably
discharged.  He did apply for retirement but was informed by  the  Air
Reserve Personnel Center (ARPC) he was not eligible for retirement due
to regulations stating he must have served six years in the  ANG.   He
has proudly served a total of 21 years, 1 month, and  5  days  in  the
military and believes he should be allowed to retire.

In support of his appeal, the  applicant  has  provided  documentation
extracted from his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s  available  military  personnel   records   indicate   the
applicant enlisted in the Georgia Air National Guard and as a  Reserve
of the Air Force on 23 Aug 97.  Prior to his enlistment in the Georgia
Air National Guard, the applicant had served in the Regular Air Force.
 He was honorably discharged from the Air Georgia Air  National  Guard
on 5 Sep 02, after being found medically  disqualified  for  worldwide
duty.  He was credited with 5 years and 13 days of net service, and 21
years, 1 month, and 15 days of total service for pay.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommended denial indicating  that  in  order  to  establish
eligibility for Reserve retired pay under  the  provisions  of  10 USC
12731, 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  indicated  he
completed 21 years of satisfactory service as of 5 Sep 02, the date of
his discharge due to medical disqualification.  However, he  completed
only four years of qualifying service in a Reserve  component.   Since
the applicant did not complete the  last  eight  years  of  qualifying
service in a Reserve component, he is not eligible for Reserve retired
pay under the provisions of 10 USC 12731.

According to ARPC/DPP, from 5 Oct 94 through 31 Dec  01,  the  Reserve
qualifying service requirement was temporarily changed from  the  last
eight years to the last  six  years.   The  Fiscal  Year  2002  (FY02)
National Defense Authorization Act (NDAA) did not extend the last six-
year provision past the 31 Dec 01  expiration  date.   Therefore,  the
Reserve qualifying service requirement reverted back to the last eight
years  effective  1  Jan  02.   The  Fiscal  Year  2003  (FY03)   NDAA
permanently changed the Reserve qualifying  service  requirement  from
the last eight years to six years effective  1  Oct  02.   This  meant
there was a nine-month period from 1 Jan 02  to  30 Sep  02  that  the
Reserve qualifying service requirement was at eight years.  Any member
who was discharged,  separated,  or  retired  during  this  nine-month
period (1 Jan  02  to  30 Sep 02)  had  to  complete  the  last  eight
qualifying years  in  a  Reserve  component  to  qualify  for  Reserve
retirement.  Since the applicant was discharged on 5 Sep 02, the  last
eight-year rule applied to him.  The  Fiscal  Year  2005  (FY05)  NDAA
eliminated  the  Reserve  qualifying  service  requirement   effective
1 May 05.  Although the FY05 NDAA eliminated  the  Reserve  qualifying
service requirement, it does not apply to  members  who  completed  20
years of service and were discharged prior to the 1 May  05  effective
date.

A complete copy of the ARPC/DPP evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  10
Jun 05 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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice warranting corrective action.  The
applicant's  complete  submission  was  thoroughly  reviewed  and  his
contentions were duly noted.  However, the majority of the Board  does
not find the applicant’s assertions or  his  supporting  documentation
sufficiently persuasive to override the rationale provided by the  Air
Force office of  primary  responsibility  (OPR).   Therefore,  in  the
absence of  sufficient  evidence  the  applicant  met  the  qualifying
service  requirement  for  a  Reserve  retirement,  or   was   treated
differently from others similarly situated, the majority  agrees  with
the recommendation of the OPR and adopts the  rationale  presented  as
the basis for its decision that the applicant has  failed  to  sustain
his burden of establishing he has  suffered  either  an  error  or  an
injustice.  Accordingly, the majority finds  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  this  applicatoin  in
Executive Session on 14 Jul 05, under the provisions of AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Ms. Martha A. Maust, Member
      Ms. Sharon B. Seymour, Member

By  a  majority  vote,  the  Board  voted  to  deny  the  application.
Ms. Maust voted to grant the appeal but did not  desire  to  submit  a
minority report.  The following  documentary  evidence  pertaining  to
AFBCMR Docket Number 2005-01617 was considered:

    Exhibit A.  DD Form 149, dated 8 May 05, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 6 Jun 05.
    Exhibit C.  Letter, SAF/MRBR, dated 10 Jun 05.


                                   KATHLEEN F. GRAHAM
                                   Panel Chair



AFBCMR BC-2005-01617






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

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that 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