RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00522
                                             INDEX CODE:  135.02
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

One bad year be waived to qualify him for Reserve Retired Pay at age 60.

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APPLICANT CONTENDS THAT:

He had one year he did not earn the required 50  points  to  qualify  for  a
satisfactory year of Federal  service.   This  was  caused  by  injuries  he
received in a car accident that resulted in six months of rehabilitation.

He had no control of the circumstances that cut  his  military  and  Federal
Civil Service career short.  He received a  special  Civil  Service  pension
and was told at that time that he was eligible for  a  military  pension  at
age 60.  He completed 22 years and 21 days of honorable military service.

In support of his appeal, he has provided copies of his NGB Form 22,  Report
of Separation and Record of Service, a DD Form 214, dated 14 February  1969,
and numerous medical documents.

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

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STATEMENT OF FACTS:

Documents submitted by the applicant indicate he was found to  be  medically
disqualified for continued military service in July 1992, and  that  he  was
subsequently separated from the ANG on 31 August 1992.  The applicant’s  NGB
Form 22, Report of Separation and  Record  of  Service,  indicates  that  he
completed 22 years and 21 days of honorable Federal service; however,  there
is no indication as to how many of these are satisfactory  years  qualifying
him for Reserve Retired Pay at age 60.  Honorable  federal  service  is  the
total years of service, including active, inactive,  regular,  and  Reserve,
and includes satisfactory years as well as years during which a  member  did
not participate sufficiently to earn satisfactory years  creditable  towards
qualifying for Reserve Retired Pay at age 60.

In order to be eligible for Reserve retired  pay  under  the  provisions  of
Title 10, United  States  Code  (10  USC),  Section  12731,  a  member  must
complete 20 years of satisfactory service.   Each  reservist  in  an  active
status  is  granted  15 membership  points  during  a   specific,   one-year
Retention/Retirement period (R/R year), but must earn  at  least  35  points
during that R/R year through active duty, unit participation,  or  Extension
Course  Institute  courses  to   accrue   the   50   points   necessary   to
satisfactorily complete a creditable year toward Reserve Retired Pay.

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AIR FORCE EVALUATION:

NGB/A1POF recommends denial, stating that the applicant did not provide  the
appropriate source documents to evaluate why he cannot receive retired  pay.
 They advise that credit of  points  is  strictly  addressed  by  Title  10,
United States Code (10 USC), Section 12732, and they  do  not  believe  that
any office has the  authority  to  deviate  from  the  criteria  within  the
statute unless specifically authorized by the  statute  or  another  statute
within 10 USC.

The NGB/A1POF evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  furnished  additional  medical  documentation  which  is  at
Exhibit     E.  On 6 November 2007,  he  was  advised  that  there  were  no
records  for  the  Board’s  review,  specifically  a  point  credit  summary
detailing  his  yearly  participation  and  points  earned  in  the  Reserve
components.  He was further advised that we have  been  unable  to  retrieve
this information, and was asked to provide any documents pertaining  to  his
participation in the Reserve components.  He was also  advised  that  if  he
needed more time, he could request that his case be administratively  closed
until such time as he is able to  proceed,  and  that  if  no  response  was
received  within  30  days,  his  application   would   be   processed   for
presentation to the  Board  based  on  the  available  evidence  of  record.
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
his NGB Form 22, Report of Separation and Record of Service, indicates  that
he completed 22 years and 21 days of honorable Federal service, there is  no
indication as to how many of these are  satisfactory  years  qualifying  him
for Reserve Retired Pay at age 60.   Relevant  documentation  pertaining  to
his Reserve Component  participation  is  not  available,  and  he  has  not
provided any Reserve Component participation documentation for the Board  to
make a determination as to his  possible  eligibility  for  Reserve  Retired
Pay.   If  he  can  provide  a  Reserve  Point  Credit  Summary   or   other
documentation pertaining to his Reserve Component participation,  the  Board
will reconsider his application.  Therefore, in the absence of  evidence  to
the contrary, we find no compelling basis to recommend granting  the  relief
sought in this application.

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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-2007-00522
in Executive Session on 8 January 2008, under  the  provisions  of  AFI  36-
2603:

                       Mr. John B. Hennessey, Panel Chair
                       Mr. Joseph D. Yount, Member
                       Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Feb 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/A1POF, dated 13 Sep 07, w/atch.
                                                    BC-2007-00522


    Exhibit D.  Letter, SAF/MRBR, dated 21 Sep 07.
    Exhibit E.  Letter, Applicant, dated 22 Oct 07, w/atchs.
    Exhibit F.  Letter, AFBCMR, dated 6 Nov 07.




                                   JOHN B. HENNESSEY
                                   Panel Chair