RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  01-00230
		INDEX CODE 135.02
		COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be credited with enough satisfactory years of service to be eligible for Reserve retired pay and that his retired pay grade be master sergeant (MSgt).

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APPLICANT CONTENDS THAT:

He started his active duty career in the Air Force in Dec 84 and remained on active duty until Sep 95, at which time he transferred to the Reserves. He has had allergy-induced asthma since approximately 1989, and it never interfered with his duties in serving his country.  He gave full disclosure of his asthma and, since there were no negative repercussions, he assumed it was not a problem.  The discharge in May 00 is unfair because it came only six months prior to his 15th Air Force anniversary and eligibility for retirement, and prevented him from participating in his unit and testing for MSgt.  He was perfectly healthy and continued to receive outstanding performance appraisals. It seems that the Air Force Reserves are working hard not to give him anything they owe him while demanding he give up everything he deserves.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Title 10, USC, Section 12731, stipulates that, in order to be eligible for Reserve retired pay, a member must complete at least 20 years of satisfactory service with the last 6 years of qualifying service in a Reserve component.  

The Fiscal Year 2000 National Defense Authorization Act (FY00 NDAA) authorized members who are medically disqualified for retention in the military service early qualification for retired 
pay at age 60 under the provisions of Title 10, USC, Section 12731b.  To be eligible under this provision, a member must complete at least 15, but less than 20, years of satisfactory service with the last 6 years of qualifying service in a Reserve component and be medically disqualified for retention in the military service.

The applicant completed 14 years, 8 months and 18 days of satisfactory service as of 1 May 00, when he was discharged from the Air Force Reserves, with only 4 of the required last 6 years completed in a Reserve component.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records (Exhibit B), are contained in the official documents provided in the applicant’s submission (Exhibit A) and in the letters prepared by the appropriate offices of the Air Force (Exhibits C and D). 
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AIR FORCE EVALUATION:

HQ ARPC/DPPRB reviewed the appeal and advised that the applicant did not complete the minimum service requirements for retirement under Title 10, USC, Section 12731 or 12731b. His claim to being eligible for early retirement when medically disqualified had he been permitted to participate through 1 Sep 00 is incorrect.  Even though he could have earned an additional year of satisfactory service, which would have given him a total of 15 years, 8 months and 18 days, he would only have completed 5 of the required last 6 years in a Reserve component.  Denial is recommended.  The author defers to HQ AFRC regarding the medical disqualification and promotion issues.

A complete copy of the evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 13 Apr 01 for review and comment within 30 days.  As of this date, this office has received no response. 

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ADDITIONAL AIR FORCE EVALUATION:

HQ AFRC/DPM notes that even if the applicant had earned an additional year of satisfactory service, which would have given him a total of 15 years, 8 months, and 18 days, he would only 
have completed 5 of the required last 6 years in a Reserve component.  He was discharged from the Reserves based on the Informal Physical Evaluation Board’s (IPEB) findings that he was unfit to perform the duties of his office, grade, rank or rating because of his medical condition.  They are unable to ascertain what test the applicant is referring to with regard to testing for MSgt, as individuals in the Reserve do not test for promotion. They are promoted based on unit vacancy positions and recommendation of the unit commander.  If a member was ineligible for participation, then he was not eligible for promotion.  Recommend the applicant’s requests be denied. 

A complete copy of the evaluation, with attachments, is at Exhibit E.

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APPLICANT’S REVIEW OF ADDITIONAL EVALUATION:

A copy of the additional evaluation was forwarded to the applicant on 31 Aug 01 for review and comment within 30 days.  As of this date, this office has received no response.

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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 timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice to warrant partial relief.  Based on the available documentation, the applicant’s asthma was diagnosed since approximately 1990, and he gave full disclosure of his condition upon entering the Air Force Reserves.  He was allowed to participate with asthma for several years and appears to have been able to perform his duties. On 15 May 99, the unit commander indicated the applicant’s performance was not hindered by his condition and recommended retention in a non-mobility position. The wing commander concurred on 2 Jun 99. We cannot determine with certainty whether the applicant’s medical condition warranted discharge or could have been accommodated with an Assignment Limitation Code. However, we are persuaded that, had he not been disqualified and separated, the applicant would have continued to participate until he was eligible for a Reserve retirement.  We believe it would be unjust to leave him with nothing after so many years of service and recommend he be awarded sufficient 
points for 15 years of satisfactory service, with the last 6 in a Reserve component. This will render him eligible for a medical retirement with retired pay at age 60 under the provisions of Title 10, USC, Section 12731b.  The applicant’s request for a retired grade of MSgt was noted but not favorably considered. As indicated by HQ AFRC/DPM, Reservists do not test for promotion but are promoted based on unit vacancy positions and the recommendation of the unit commander. The applicant has not established that a unit vacancy existed and that his commander would have recommended him for it.  Therefore, we recommend his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

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

	a.  He was not found unfit on 25 April 2000 and discharged from the Air Force Reserve on 1 May 2000 but remained in active status until 1 September 2001.

	b.  He was credited with thirty-five (35) nonpaid inactive duty (IDT) points and six (6) membership points for the retirement/retention year 2 September 1999 through 1 September 2000, resulting in 50 total and retirement points and a satisfactory year of Federal Service.

	c.  He was credited with thirty-five (35) nonpaid inactive duty (IDT) points and fifteen (15) membership points for the retirement/retention year 2 September 2000 through 1 September 2001, resulting in 50 total and retirement points and a satisfactory year of Federal Service.

	d.  On 1 September 2001, he was found medically unfit for continued military service and was relieved from the Air Force Reserve and, on 2 September 2001, under the provisions of Title 10, United States Code, Section 12731b, he retired in the grade of technical sergeant, with entitlement to retired pay at age 60.

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The following members of the Board considered this application in Executive Session on 1 November 2001, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 Dec 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPP, dated 29 Mar 01, w/atch.
   Exhibit D.  Letter, SAF/MIBR, dated 13 Apr 01.
   Exhibit E.  Letter, HQ AFRC/DPM, dated 3 Aug 01, w/atchs.
   Exhibit F.  Letter, SAF/MIBR, dated 31 Aug 01.

                                   
                                   Panel Chair

AFBCMR 01-00230

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         , be corrected to show that:

	     a.  He was not found unfit on 25 April 2000 and discharged from the Air Force Reserve on 1 May 2000 but remained in active status until 1 September 2001.

	     b.  He was credited with thirty-five (35) nonpaid inactive duty (IDT) points and six (6) membership points for the retirement/retention year 2 September 1999 through 1 September 2000, resulting in 50 total and retirement points and a satisfactory year of Federal Service.

	     c.  He was credited with thirty-five (35) nonpaid inactive duty (IDT) points and fifteen (15) membership points for the retirement/retention year 2 September 2000 through 1 September 2001, resulting in 50 total and retirement points and a satisfactory year of Federal Service.

	     d.  On 1 September 2001, he was found medically unfit for continued military service and was relieved from the Air Force Reserve and, on 2 September 2001, under the provisions of Title 10, United States Code, Section 12731b, he retired in the grade of technical sergeant, with entitlement to retired pay at age 60.

                                                                          
                                                                          Director
                                                                          Air Force Review Boards Agency