RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01484
            INDEX CODE:  135.02
      xxxxxxxxxx COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her husband be given a 15-year retirement.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When her husband decided it was time to retire, he  was  informed  by  his
unit that he had enough time to do so.  She is not sure when he found  out
that he did not have sufficient service for retirement.   She  knows  that
her husband loved being in the military and it gave him great  joy  to  be
able to serve his country.  The fellowship he had with the men  and  women
he served with were a source of satisfaction in his life.

In support of her request, the applicant provides a  copy  of  the  former
member's death certificate, a copy of NGB Form 22, National  Guard  Bureau
Report of Separation and Record of Service, a copy of the former  member's
discharge order and transfer to the Retired Reserve and  a  point  history
printout.  The applicant’s complete submission, with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Special Order AB-207, dated 11 Apr  01,  indicates  the  former  member  was
released from the Air National Guard with an honorable  discharge  effective
8 May 01 and was transferred to the Reserve Retired List  effective  10  May
01.  The NGB Form 22, indicates the reason  for  the  applicant’s  discharge
was for "transfer to the Retired Reserve  (RTAP)  SPD:  SBE."   SBE  denotes
"involuntary early retirement."  The applicant was credited with  14  years,
11 months, and 29 days of satisfactory Federal service.

The remaining relevant facts are provided in the  Air  Force  evaluation  at
Exhibit B.

_________________________________________________________________




AIR FORCE EVALUATION:

ARPC/DPPR recommends denial.  DPPR advises  that  in  order  to  establish
eligibility for Reserve retired pay  under  the  provision  of  Title  10,
U.S.C., Section 12731a, a member must complete 15, but less than 20  years
of satisfactory service with the last 6 years of qualifying service  in  a
Reserve  component.   In  addition,  the  member  must  be   involuntarily
separated from the Selected Reserve due  to  force  structure  or  medical
disqualification.  The applicant did not complete 15 years of satisfactory
service and there is no indication in his record that he was involuntarily
separated from the Air National Guard.

DPPR advises that for the period 3 Aug 00 to 8 May 01  the  former  member
accrued 5  active  duty  training,  18  inactive  duty  training,  and  11
membership points for a total of 34 points  and  an  unsatisfactory  year.
The only document in the former member's  record  that  indicates  he  was
involuntarily separated in 01 is the  NGB  Form  22.   The  authority  and
reason for the separation is listed  in  item  #23  as  "Transfer  to  the
Retired Reserve (RTAP) SPD: SBE."  There is no RTAP reason given and there
is no AF Form 131, Application for Transfer to the Retired Reserve,  which
was required at the time to retire.  The DPPR  complete  evaluation,  with
attachment, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  reiterates  her  previous  contentions  and  expresses  her
appreciation for the review of  her  request.   The  applicant's  complete
letter is at 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.  Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice that warrants  corrective  action.   In
this regard, Title 10, Section  12731a,  indicates  that  eligibility  for
Reserve retired pay is authorized if a member completes at  least  15  but
less than 20 years of satisfactory service,  the  last  6  years  must  be
completed in  a  Reserve  component,  and  that  the  separation  must  be
involuntary due to  force  structure  or  medical  disqualification.   The
applicant contends that the former member was informed by his unit that he
had sufficient satisfactory service to retire under the  above  provisions
and it was not until after he retired that it was discovered that  he  was
one day short.  It appears there was no force structure program  in  place
at the time and unfortunately records are not available indicating whether
or not he was  medically  disqualified.   However,  noting  the  extensive
medical problems he suffered at the time and taking into consideration the
fact that the separation code assigned reflects that  his  separation  was
involuntary; we believe it is not  unreasonable  to  assume  that  he  was
separated from the Reserves due to a medical disqualification.  We believe
that the action to place him on the Retired Reserve List was done in  good
faith based on the belief that he met the qualifying  criteria.   However,
because of a miscalculation of his service dates, through no fault of  the
former member, it was later determined that he  actually  did  not  accrue
sufficient points for a satisfactory partial year of service.  In view  of
the above, it is our opinion that the applicant has established reasonable
doubt as to whether or not the administrative error  has  resulted  in  an
injustice and we believe the benefit of this doubt should be  resolved  in
the former member's favor.  Accordingly, we recommend the former  member's
records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating
to FORMER MEMBER, be corrected to show that:

            a.  He was awarded an  additional  5  non-paid  inactive  duty
training points for the period 3 August 2000 to 8 May 2001 resulting in 39
total retirement points for 9 months and 6 days  of  satisfactory  Federal
service.

            b.  On 8 May 2001, he was involuntarily separated from the Air
National Guard due to medical disqualification.

            c.  He applied for and was transferred to the Retired  Reserve
under the provisions of Title 10, U.S.C., Section 12731a, effective 9  May
2001.

            d.  He made an election under the Reserve  Component  Survivor
Benefit Plan (RCSBP) on 9  May  2001,  electing  full  immediate  coverage
(Option CA) for his spouse.

__________________________________________________________________

The following members of the Board considered Docket Number  BC-2008-01484
in Executive Session on 29 September 2008, under the provisions of AFI 36-
2603:

       Mr. Jay H. Jordan, Panel Chair
       Mr. Steven A. Cantrell, Member
     Mr. Kurt R. LaFrance, Member

All members voted to correct the records, as recommended.   The  following
documentary  evidence  pertaining  to  Docket  Number  BC-2008-01484   was
considered:

    Exhibit A.  DD Form 149, dated 31 Mar 08, w/atchs.
    Exhibit B.  Letter, ARPC/DPPR, dated 22 May 08, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 23 May 08.
    Exhibit D.  Letter, Applicant, dated 1 Sep 08.




                                   JAY H. JORDAN
                                   Panel Chair


AFBCMR BC-2008-01484




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to xxxxxxxxxxxxxxxxxxxxxxxxxxxx, be corrected to show that:

            a.  He was awarded an additional 5 non-paid inactive duty
training points for the period 3 August 2000 to 8 May 2001 resulting in 39
total retirement points for 9 months and 6 days of satisfactory Federal
service.

            b.  On 8 May 2001, he was involuntarily separated from the Air
National Guard due to medical disqualification.

            c.  He applied for and was transferred to the Retired Reserve
under the provisions of Title 10, U.S.C., Section 12731a, effective 9 May
2001.

             d.  He made an election under the Reserve Component  Survivor
Benefit Plan (RCSBP) on 9  May  2001,  electing  full  immediate  coverage
(Option CA) for his spouse.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency