RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00855
COUNSEL:
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
Her deceased husbands records be corrected to show that he was credited with 20 years and 5 months of military service and retired from the military, thereby, entitling her to survivor benefits upon his death.
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APPLICANT CONTENDS THAT:
Her deceased husband was treated unjustly and not credited with enough service points due to weight issues. He was prohibited by his first sergeant from participating in the inactive duty weekends to make up points due to his weight issues, while other guardsmen with health issues were allowed to make up points by working weekends.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
According to the documentation provided by the applicant, the deceased former member entered the Air National Guard on 5 Nov 69.
On 3 May 95, according to the documentation provided by the applicant, the deceased former member was honorably discharged from the Air Force Reserve, having completed 18 years of satisfactory service creditable toward retired pay eligibility.
On 11 Nov 12, according to the documentation provided by the applicant, the former member passed away.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
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AIR FORCE EVALUATION:
ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice. The deceased member did not complete 20 years of satisfactory service, as required by Title 10, United States Code (USC), Section 12731. A review of the deceased members military record revealed he completed 18 years of satisfactory service creditable toward reserve retired pay eligibility as of 3 May 95, the date of his discharge from the Air Force Reserve.
A complete copy of the ARPC/DPTT evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant contends that her deceased husbands military records show that he accumulated two to four times the required number of retirement points for the years 1970, 1978, 1979, and 1982. The AFBCMR should take into account her deceased husband served for more than 21 years, and consider the apparent circumstances for his deficiency in inactive duty points for 1986/1987 and 1989/1990 service years. He was denied the ability to earn those points solely because he failed to meet the weight control requirements. While members of the active duty Air Force were permitted to train during work hours to meet weight control requirements, her deceased husband was not provided the same opportunity, nor was he allowed using leave time to train to meet weight control requirements, while others were permitted such an opportunity. (Exhibit G).
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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. We took notice of the applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the applicant argues that her husband was precluded from participating in training activities due to weight issues, other than her own uncorroborated assertions, she has provided no evidence that would lead us to believe that actions of Air Force officials somehow unfairly precluded her late husband from performing the requisite service to qualify for reserve retirement. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
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The following members of the Board considered AFBCMR Docket Number BC-2013-00855 in Executive Session on 21 Aug 14, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Feb 13, w/atchs.
Exhibit B. Decedents Military Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 16 Apr 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 6 May 13.
Exhibit E. Letter, Applicant, dated 10 May 13.
Exhibit F. Letter, AFBCMR, dated 17 Jun 13.
Exhibit G. Letter, Applicant, dated 16 Oct 13.
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