RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02866
            INDEX CODE:  135.00, 136.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  19 MAR 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

It appears the applicant is requesting a  Reserve  retirement  with
pay and benefits.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The compilation of creditable time served is  being  determined  by
two different methods between  the  Air  Reserve  Personnel  Center
(HQ ARPC) and the Army Board for  Correction  of  Military  Records
(ABCMR), resulting in the forfeiture of compensation and  benefits.


The ABCMR determined that she held a commissioned officer status in
the Army Reserve from 24 Oct 66 thru 6  Nov  91.   In  addition  to
active duty  time  served,  her  years  of  service  were  used  to
determine  her  promotion  to  the  rank  of  major.   Due  to  her
continuous status for 28 years,  she  was  involuntarily  separated
from the active duty Air Force because of maximum time in grade and
service.  If the time is creditable towards promotion and discharge
why isn’t it creditable towards retirement?

In support of her appeal, applicant submitted copies  of  discharge
certificates, dated 30  Oct  68,  6  Nov  91,  and  31  May  05;  a
certificate of the oath of office, effective 24  Oct  66;  extracts
from the ABCMR case file and other supporting documentation.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was commissioned a  second  lieutenant,  Reserve  of  the
Army, Army Nurse Corps, on 24 Oct 66.  She was  ordered  to  active
duty on  31  Oct  66.   She  was  released  from  active  duty  and
transferred to the Army Reserve on 30 Oct 68,  where  she  remained
until her discharge on 6 Nov 91.

On 7 Nov 91, she was commissioned a captain,  Reserve  of  the  Air
Force, Nurse Corps.  She was ordered to active duty on 4 Dec 91, in
the grade of captain.  Following a review of her records,  she  was
awarded 13 years, 6 months, and 21  days  of  constructive  service
credit based on her status as a commissioned officer  in  the  Army
Reserve from 24 Oct 66 to 5 Nov 91.  Consequently, her  EAD  orders
were amended to reflect an EAD grade of major.  On 23 Nov  94,  she
was released from active duty and  assigned  to  the  Non-obligated
Nonparticipating  Ready  Personnel  Section   (NNRPS).    She   was
reassigned from NNRPS to the Inactive Status List  Reserve  Section
(ISLRS) on 24 Nov 96.

On 31 May 05, she was honorably discharged from all appointments in
the Air Force, in the grade of  major.   She  completed  38  years,
7 months, and 7 days of honorable  commissioned  service,  but  was
credited with only  five  years  of  satisfactory  federal  service
towards retirement.

Applicant’s date of birth is 14 May 45.  IAW Title 10, USC, Section
14509, applicant’s mandatory separation date (MSD) was  established
as 31 May 05.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP considered this  application  and  recommended  denial.
They  provided  the  following  analysis   of   the   circumstances
surrounding the applicant’s case:

      a.  In order to establish eligibility for Reserve retired pay
under the provisions of Title 10, USC, Section 12731, a member must
complete at least 20 years of satisfactory service.   A  review  of
the applicant’s records indicates she completed 38 years, 7 months,
and 7 days of honorable federal service as of 3 May 05, the day she
was honorably discharged from the US  Air  Force  Reserve  (USAFR).
However, only five years of  this  time  was  satisfactory  service
creditable toward retired pay eligibility.   Honorable  service  is
the total years of service including active, inactive, regular  and
Reserve.  It includes satisfactory years as well  as  years  during
which  the  member  did  not  participate  sufficiently   to   earn
satisfactory years.

      b.  In order to be  credited  with  a  year  of  satisfactory
service, a member must participate and accrue at least 50 points in
a specific one-year period.  The  applicant’s  record  contains  no
documentation of active Reserve participation other  than  the  two
periods she served on active duty, 31 Oct 66 through 30 Oct 68, and
4 Dec 91 through 23 Nov 94.   The  applicant’s  record  shows  that
following her release from active  duty  on  23  Nov  94,  she  was
assigned to  the  Non-obligated  Nonparticipating  Ready  Personnel
Section (NNRPS).  She was reassigned from  NNRPS  to  the  Inactive
Status List Reserve Section (ISLRS) on 24 Nov 96.   While  assigned
to ISLRS, members are not eligible to participate in point  gaining
activities for retention/retirement.  She was honorably  discharged
on 31 May 05, under the provisions of  Title  10,  U.S.C.,  Section
14509, because she had reached her MSD.

The  applicant’s  service  in  the  US  Army  Reserve  (USAR)   was
considered and counted when her record was audited by the USAFR  to
determine retirement eligibility.  However there  is  a  difference
between total years service  which  includes  constructive  service
credit (CSC) used to  determine  grade,  and  satisfactory  service
which is used to determine retirement eligibility.   The  applicant
was given CSC for the time she was in the USAR; this allowed her to
be placed on EAD with the USAFR in 1991, in  the  grade  of  major.
Only satisfactory service  may  be  used  to  determine  retirement
eligibility.  Her satisfactory service was  correctly  credited  as
5 years.

She is not eligible  for  Reserve  retired  pay,  or  any  benefits
associated with retired pay, under  the  provisions  of  Title  10,
U.S.C., Section 12731, since she  did  not  complete  20  years  of
satisfactory service.

A complete copy of the evaluation, with attachments, is at  Exhibit
C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reiterated her original arguments that if her  creditable
service time was good towards promotion, extension  of  serviceable
time in grade and cause for involuntary separation,  would  it  not
then be considered for retirement?

Applicant’s complete response, with attachments, is at Exhibit E.

___________________________________________________________________

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.    Applicant
contends that if her time served can be credited for promotion  and
discharge,  then  why  not  retirement.   However,  after   careful
consideration of the documents submitted in support of  her  appeal
and the evidence of  record,  it  appears  she  has  been  properly
credited with all of the active  and  inactive  service  creditable
under the governing instructions  and  laws  at  the  time  of  her
separation.  The Board noted the applicant was  discharged  on  her
MSD of 31 May 05, IAW with Title 10, USC, Section  14509,  and  was
credited with 38 years, 7 months, and 7 days of honorable  service.
However, only five of those years were creditable towards a Reserve
retirement.  Title 10, USC, Section 12731  requires  a  minimum  of
20 years of satisfactory federal  service  to  be  eligible  for  a
Reserve retirement.  In  order  to  be  credited  with  a  year  of
satisfactory service, a member must participate and accrue at least
50 points in  a  specific  one-year  period  through  active  duty,
inactive duty participation, or Extension Course Institute courses.
 Other than the  two  periods  applicant  served  on  active  duty,
31 Oct 66 to 30 Oct 68, and 4 Dec 91 to 23  Nov  94,  there  is  no
evidence of any active Reserve  participation.   Consequently,  she
was discharged after over 38 years  of  commissioned  service  with
only  five  of  those  years  being  satisfactory   years   towards
retirement.    Therefore,   we   agree   with   the   opinion   and
recommendation of the Air Reserve Personnel Center  and  adopt  its
rationale as the basis for our conclusion that  the  applicant  has
not been the victim  of  an  error  or  injustice.   Based  on  the
foregoing, and in the absence of evidence to the contrary, we  find
no compelling basis to recommend granting the relief sought in this
application.

___________________________________________________________________

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 AFBCMR Docket  Number
BC-2005-02866 in Executive Session on 29 November 2005,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Grover L. Dunn, Member
      Ms. Jan Mulligan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Sep 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPP, dated 13 Oct 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Oct 05.
    Exhibit E.  Letter, Applicant, dated 28 Oct 05, w/atchs.




                                   MICHAEL J. NOVEL
                                   Panel Chair