RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2008-03622
            INDEX CODE: 112.10
      XXXXXXX                     COUNSEL:  NONE
                                   HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be considered for a medical discharge or retirement.

2.  The period of 15 June 1984 to 22 April 1989 be considered as creditable
military service.

3.  He be considered for early out options.

________________________________________________________________

APPLICANT CONTENDS THAT:

In 1984, he could not reenlist because of  his  50  percent  Department  of
Veterans Affairs (DVA) disabilities.  He was not afforded an opportunity to
receive a medical discharge.  The period of 15 June 1984 to 22  April  1989
was not considered creditable military service.  He is 100% disabled and 60
years of age.

In support of his request, the  applicant  submits  a  personal  statement,
copies of welcome letters, point summary and  DD  Form  256  AF,  Honorable
Discharge certificate.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Air Force on 8 June 1967.  Following  a  break  in
service, he enlisted in United States Air Force Reserve (USAFR)  on  8  June
1977.  He reenlisted in the USAFR on 21 April 1983,  for  a  period  of  six
years and was honorably discharged on 20 April 1989.  For these  periods  of
service he completed 19 years, 10 months and 12 days  of  honorable  Federal
service; however, only 14 years, 11 months and 29  days  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.


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AIR FORCE EVALUATION:

HQ  AFRC/DPP  recommends  denial.   DPP  states  in   order   to   establish
eligibility for Reserve retired pay a  member  must  complete  at  least  20
years of satisfactory service.  To be credited with a year  of  satisfactory
service a member must earn a minimum of 50 points in  a  specific  one  year
period.  Reservist in an active status are  granted  15  membership  points,
but must earn at least 35 points through active duty, unit participation  or
Extension Course  Institute  (ECI)  courses  to  satisfactorily  complete  a
creditable year toward retirement pay.  On 30 October  1984,  the  applicant
transferred to the Non-obligated Non-participating Ready  Personnel  Section
(NNRPS).  On 20 April 1989, he was discharged from the  USAFR.   His  record
shows no participation for  this  period  and  cannot  be  included  in  his
satisfactory  service  because  he  was  only  granted  membership   points.
Therefore, he did not earn satisfactory years; however, it was  included  as
honorable Federal service.  His record contains no documentation that  shows
he would not be allowed to reenlist at the end of his enlistment  due  to  a
medical  disqualification.   Even  though   he   is   receiving   disability
compensation from the DVA this does not  constitute  certification  that  he
would have been medically disqualified for continued military service.   The
law was amended 5 October 1994, to include early qualification  for  retired
pay for members of the Selected Reserve who were medically disqualified  for
duty.   To  establish  Reserve  retired  pay  at  age  60  for  a   physical
disqualification a member must have completed at least 15, but less than  20
years of satisfactory Federal service and been  medically  disqualified  for
military service on or after 5 October 1994.   Since  his  record  does  not
show he was medically disqualified and he was discharged prior to 5  October
1994, he is not eligible for Reserve  retired  pay  or  any  other  benefits
associated with retired pay  under  this  provision  of  law.   He  did  not
complete 20 years of satisfactory service; therefore,  he  is  not  eligible
for Reserve retired pay.  He is also not eligible for retired pay  since  he
was not found medically disqualified for continued military service and  was
discharged from the USAFR prior to the enactment of this provision of law.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  10
October 2008 for review and comment within 30 days.  As of this date,  this
office has received no response (Exhibit D).

________________________________________________________________


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 an error or injustice.  It appears the applicant is  requesting
his records be corrected in a form or manner  that  would  qualify  him  for
retirement benefits.  However, after a thorough review of  the  evidence  of
record and the applicant's submission, we find no evidence that  a  physical
condition existed at the time  that  met  the  requirements  for  processing
through the disability evaluation system or that disqualified him from  duty
in the Reserve; therefore, we find no evidence he would have  been  eligible
for a disability discharge or retirement.  As pointed out by the  office  of
primary responsibility, he  did  not  completed  20  years  of  satisfactory
Federal service as required by law  to  establish  eligibility  for  Reserve
retired pay.  Applicant has provided no evidence showing  his  participation
during the period between 15 June 1984 and 22 April 1999; therefore, we  see
no reason this period should be considered creditable service.   Because  he
completed less than 15  years  of  satisfactory  Federal  service,  and  was
separated prior to the enactment of the National Defense  Authorization  Act
for Fiscal Year 1995, he is not eligible for retirement benefits  under  the
provisions of Title 10, Section 12731.  In view of the above, 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.   In  the
absence of persuasive  evidence  to  the  contrary,  we  find  no  basis  to
recommend granting the relief sought in this application.

________________________________________________________________

RECOMMENDATION OF THE BOARD:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of  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 the application.

_______________________________________________________________

The following members of the Board considered  Docket  Number  BC-2008-03622
in Executive Session on 18 November 2008, under the provisions  of  AFI  36-
2603:

                 Mr.  Gregory A. Parker, Panel Chair
                 Mr.  Jeffery R. Shelton, Member
                 Ms.  Karen A. Holloman, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2008-
03622 was considered:

      Exhibit A.  DD Form 149, dated 9 October 2007, w/atch.
      Exhibit B.  HQ ARPC/DPP, dated 14 December 2007, w/atch.
      Exhibit C.  Letter, SAF/MRBC, dated 18 October 2008.




                                   GREGORY A. PARKER
                                   Panel Chair