RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01131
            INDEX CODE:  135.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  30 OCTOBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be given Reserve retired pay and the benefits  associated  with  retired
pay.

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APPLICANT CONTENDS THAT:

Her discharge to the Honorary Retired Reserve was inequitable,  because  she
was not given clarification of the reason for the discharge.   She  was  not
given other options to continue the remaining four  years  of  her  military
career.

It was a callous decision terminating her career four years shy of a  twenty
year retirement.

In support of  her  request,  applicant  provided  her  personal  statement,
copies of Reserve Orders, DD Form 214, DD Form 215,  a  verification  letter
for the Armed Forces Expeditionary Medal, and Officer  Performance  Reports.


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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was commissioned a First Lieutenant in  the  Reserve  of  the  Air
Force on 24 Mar 80, in AFSC 9756 (Clinical Nurse).   She  was  progressively
promoted to the grade of Major effective 25 Aug 88.

On 25 Aug 95, applicant was  notified  that  she  was  not  recommended  for
promotion by the Reserve of the Air Force Selection Board, and as  a  result
she had to be transferred to a non participating status  in  the  Air  Force
Reserve.  She was also informed that since this was her second deferral  for
promotion, her mandatory separation date (MSD) had to be adjusted to 22  Nov
96, and by law she had to  be  discharged  or  retired  no  later  than  the
adjusted MSD.

The applicant submitted an AF Form 131,  Application  for  Transfer  to  the
Retired Reserve, requesting transfer to the Honorary Retired  Reserve.   The
applicant was transferred to the Honorary Retired Reserve effective  22  Nov
96.

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AIR FORCE EVALUATION:

HQ ARPC/DPP recommends the application be denied.   The  applicant  did  not
complete 20 years of satisfactory service as  required  by  law;  therefore,
she is not eligible for Reserve retired pay under  the  provision  of  Title
10, U.S.C., Section 12731.  In addition, none of the actions taken  by  ARPC
were arbitrary; they were required  by  law  due  to  the  applicant’s  non-
selection for promotion.

In order to be eligible for Reserve retired pay, a member must  complete  20
years of satisfactory  service,  with  the  last  six  years  of  qualifying
service in a Reserve  component.   A  review  of  the  applicant’s  military
record indicates she completed 16 years, 7 months, and 28 days of  honorable
federal service; however,  only  16  years  of  this  time  is  satisfactory
federal service creditable toward retired pay  eligibility.   The  applicant
was transferred to the Honorary Retired Reserve effective 22 Nov 96.

The applicant’s claim that she was not given other  options  for  continuing
her military career is not correct.  The 25  Aug  95  letter  also  provided
information on continuing  Reserve  service  as  an  enlisted  member.   The
letter  recommended  contacting  an  Air  Force  Reserve  recruiter  or  Air
National Guard recruiter to determine eligibility to enlist.

The DPP complete evaluation, with attachments is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant would like the following facts recorded.

She was not given the reason(s) why she was deferred  twice  for  promotion;
ultimately the decision stopped  her  from  completing  the  remaining  four
years shy of twenty years  of  service.   Whatever  the  reason(s)  for  the
deferred promotions, if given the chance, she could have corrected it.

She was told she would be discharged, transferred to  the  Retired  Reserve,
or transferred to Honorary Retired Reserve  Status.   It  was  very  obvious
that the above ultimatums did not leave her an opportunity to  complete  her
twenty years, and she did not know what a Retired  Reserve  status  offered,
therefore, reluctantly she  signed  the  application  for  Honorary  Retired
Reserve.  Other options:   (a)  Continue  reserve  service  as  an  enlisted
member, which she thought she would  have  to  start  her  career  from  the
beginning and, (b) The Air National Guard was also a choice  mentioned,  and
they refused her because of the deferred promotions.

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 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.   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-
01131 in Executive Session on 19 July 2007, under the provisions of AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Teri G. Spoutz, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
01131 was considered:

    Exhibit A.  DD Form 149, dated 25 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 29 May 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Jun 07.
    Exhibit E.  Letter, Applicant, dated 5 Jul 07, w/atchs.




                                             MICHAEL K. GALLOGLY
                                             Panel Chair