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AF | BCMR | CY2006 | BC-2005-01659
Original file (BC-2005-01659.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01659
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  27 SEPTEMBER 2006

___________________________________________________________________

APPLICANT REQUESTS THAT:

His military identification (ID) card be reinstated so that  he  can  use
the military exchange and commissary to shop.
___________________________________________________________________

APPLICANT CONTENDS THAT:

The military ID card he was issued upon his retirement has since expired,
and he has been refused a new one.  His service  connected  injuries  are
affecting his mobility.  He has 21  years  of  honorable  service.    His
records indicate 19 years’ satisfactory service plus 2  years’  honorable
service.  He  never  applied  for  disability  and  is  now  experiencing
problems.  His records are incomplete.  He was recently told his mobility
problems stemmed from an accident or accidents.  The  only  accidents  he
was involved in occurred while he was on active duty.  In support of  the
application, the applicant submits copies of documents excerpted from his
military personnel records, a copy of his VA patient  data  card,  and  a
copy of his expired military ID card

The applicant's complete submission, with attachments, is at Exhibit A.
___________________________________________________________________

STATEMENT OF FACTS:

Effective 1 March 1964, the applicant was assigned to the Retired Reserve
Section, in the grade of First Lieutenant.  The applicant became eligible
to receive retired pay at age 60 on 25 March 1985.  He was credited  with
21 years of Honorable service.

The remaining relevant facts pertaining to  this  application,  extracted
from the applicant’s  military  records,  are  contained  in  the  letter
prepared by the appropriate office of the Air Force at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP recommends denial.  DPP states to establish  eligibility  for
Reserve retired pay a member  must  complete  20  years  of  satisfactory
Federal service and have the last 8 years  of  qualifying  service  in  a
Reserve component.  DPP notes the applicant only had 7  years,  4  months
and 27 days satisfactory Federal service creditable  toward  retired  pay
eligibility.

DPP affirms prior to 1 July  1949,  all  Federal  service  is  creditable
toward retirement and for this period the applicant completed 6 years,  4
months and 27 days.  From 1 July 1949 to 29 February 1964, the  applicant
earned 1 year of satisfactory service.  DPP asserts  since  he  does  not
have 20 years of satisfactory service, he  is  not  entitled  to  Reserve
retired pay or any benefits associated with it.

DPP states the applicant’s transfer to the Retired Reserve (Honorary) did
not entitle him to Reserve retired pay; however,  it  did  allow  him  to
continue to hold his commission in the Air Force Reserve.  His retirement
order did authorize an Armed Forces Identification Card at  the  time  of
his retirement, but since the member is not entitled to  Reserve  retired
pay, the possession of the card would not have entitled the member to any
military medical benefits.  The applicant’s military ID card  expired  on
25 September 1964 and it appears he never applied to renew the card after
that date.  DPP explains the Honorary Retire Reserve was eliminated  when
the old  Department  of  Defense  (DoD)  directive  that  authorized  the
Honorary Retire Reserve was revoked.   It  was  replaced  by  a  new  DoD
instruction which no longer authorizes ID cards to the  Honorary  Retired
Reserve; therefore, the applicant is no longer eligible for an ID card.

DPP’s evaluation, with attachments, is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response dated  20  June  2005,  the  applicant  reiterated  his  earlier
contentions and disagreed with the recommendation of the  Air  Force  office
of responsibility.  His comments 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 probable error  or  injustice.   We  have  noted  the  detailed
evaluation of the applicant’s complaints by the Air Force office of  primary
responsibility.  Other than his own assertions, the applicant  has  provided
no evidence that successfully refutes their  assessment  of  his  case.   In
view of the above and  absent  evidence  by  the  applicant  showing  he  is
eligible for a military identification card, we have no basis  on  which  to
favorably consider his application.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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  BC-2005-01659  in
Executive Session on 19 January 2006, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Jean A. Reynolds, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 May 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPP, dated 14 Jun 05 w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 05.
    Exhibit E.  Letter, Applicant’s Rebuttal, dated 20 Jun 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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