RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00032
                                             INDEX CODE:  135.03
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  3 JULY 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

Her mother receive the retirement pay her father did not  collect,  as  well
as survivor benefits.

________________________________________________________________

APPLICANT CONTENDS THAT:

She is the daughter of a deceased  Air  Force  Reserve  member,  writing  on
behalf of her mother.

Her father served 22 years of honorable service and was active in WWII,  the
Korean Conflict, and the Reserves.  He did not collect  the  retirement  pay
he should have received.

At the time of his death in  1998,  her  father  suffered  from  cancer  and
Alzheimer’s.  Her mother suffers from Alzheimer’s and needs  the  money  for
her care.

In support of her appeal, applicant submits copies of a personal  statement,
dated 3 January 2007, a letter from the State of  Texas  Governor’s  Office,
dated 19 December 2006, an e-mail from ASKDFAS, dated 16  November  2006,  a
string of e-mail  traffic  between  herself,  the  12th  MSS/DPMPS  Casualty
Assistance Representative, and  ARPC/DPPE  Entitlements  Division,  numerous
documents  attesting  to  her  father’s  military  service,   her   father’s
Certificate  of  Death,  dated  17  January  1998,  her  parent’s   Marriage
Certificate, dated 16 October 1945, and her mother’s Certificate  of  Birth,
dated 7 November 1924.

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

________________________________________________________________

STATEMENT OF FACTS:

In order  to  establish  eligibility  for  Reserve  Retired  Pay  under  the
provisions of 10 USC, Section 12731, a member  must  complete  at  least  20
years of satisfactory service.  Prior to 1 July 1949,  all  federal  service
is creditable toward retirement. Subsequent to 30 June 1949, a  member  must
participate and accrue at least 50 points in a specific one year  period  to
earn a year of satisfactory service.  Each reservist in an active status  is

granted 15 membership points in a specific year, but must earn at  least  35
more points each year through  active  duty,  unit  training,  or  Extension
Course Institute courses to complete a satisfactory year  creditable  toward
Reserve Retired pay eligibility.

Once reservists are notified that they qualify for retired pay  at  age  60,
they are eligible for the Reserve Component Survivor Benefit  Plan  (RCSBP).
Complete information on  the  RCSBP  is  included  in  the  packet  sent  by
certified, return-receipt mail, about 30 days  after  the  “Eligibility  For
Retired Pay at Age 60” letter is mailed.  Members must choose this  coverage
during the 90-day period beginning the day the “Reserve  Component  Survivor
Benefit  Plan  Information”  packet  is  signed  for,  regardless  of  their
military status, age, or health.

Prior to 1 July 1949, applicant’s father completed six years, three  months,
and 28 days of satisfactory federal service.  From 1 July  1949,  until  his
transfer to the Honorary Retired Reserves  on  1  July  1965,  he  completed
seven years of satisfactory federal service as summarized below:

      FROM                        TO               RETIREMENT POINTS

      1 JUL 1949       30 JUN 1950                 *365
      1 JUL 1950       30 JUN 1951                 *362
      1 JUL 1951       30 JUN 1952                 *366
      1 JUL 1952       30 JUN 1953                 *365
      1 JUL 1953       30 JUN 1954                 *134
      1 JUL 1954       30 JUN 1955                 *131
      1 JUL 1955       30 JUN 1956                 *366
      1 JUL 1956       30 JUN 1957                   43
      1 JUL 1957       30 JUN 1958                   47
      1 JUL 1958       30 JUN 1959                   15
      1 JUL 1959       11 NOV 1959                    5
      6 NOV 1959       30 JUN 1965                    0
      1 JUL 1965       HONORARY RETIRED RESERVE

*Denotes satisfactory year based on earning at least 50 points

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  Applicant’s father did  not  complete  20 years
of satisfactory service and is not eligible for Reserve  Retired  Pay  under
the provisions of 10  USC,  Section  12731,  and,  therefore,  is  also  not
eligible for the RCSBP associated with retired pay.

Although a review of his military records indicates he completed  22  years,
three months, and 28 days of honorable federal service, this  is  the  total
years of service, including active,  inactive,  regular,  and  reserve,  and
includes satisfactory years as well as years during  which  her  father  did
not participate sufficiently to earn satisfactory years  towards  a  Reserve
retirement.  Unfortunately, only 13 years,  three  months,  and  28 days  of
this  period  is  satisfactory  service  creditable   toward   retired   pay
eligibility.

The ARPC/DPP evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation  was  forwarded  to  the  applicant  on  2
February 2007, for review and comment, within 30 days.  However, as of  this
date, no response has been received by this office.

________________________________________________________________

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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error  or  injustice.   Although
we sympathize with the applicant, her father was  not  entitled  to  Reserve
Retired Pay as he did not complete  20  years  of  satisfactory  service  to
qualify for Reserve Retired  Pay;  rather,  he  completed  13  years,  three
months, and 28 days of satisfactory service.  Since he was not  entitled  to
Reserve Retired Pay, he is also not eligible for the RCSBP  associated  with
retired pay. Therefore, 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  Docket  Number  BC-2007-00032
in Executive Session on 14 March 2007, under the provisions of AFI 36-2603:

                       Ms. Patricia J. Zarodkiewicz, Vice Chair
                       Mr. Richard K. Hartley, Member
                       Mr. Garry G. Sauner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Jan 07, w/atchs.
    Exhibit B.  Applicant's Father’s Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 1 Feb 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Feb 07.




                                   PATRICIA J. ZARODKIEWICZ
                                   Vice Chair