RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00963
				INDEX CODE:  137.00, 135.02

	APPLICANT (Deceased)	COUNSEL:  None

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her late husband's record be corrected to show that he met all the necessary requirements and was eligible for an Air Force Reserve retirement.  She also is requesting her husband’s record be corrected to reflect he elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP) so that she may receive the annuity.

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APPLICANT CONTENDS THAT:

Her husband's death was sudden and if it had been known he had a medical condition that would medically disqualify him, he then would have retired under the Reserve Transition Assistance Program.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The service member served in the Delayed Enlistment Program (DEP) from 28 Mar 78 through 9 Sep 78.  He served on active duty from 11 Sep 78 through 24 Aug 89 and he served in the Air National Guard (ANG) from 25 Aug 89 through 27 Apr 98.  He served a total of 19 years, 7 months and 17 days of active duty and ANG service.  The service member died on 27 Apr 98.

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AIR FORCE EVALUATION:

The Director of Personnel Program Management, ARPC/DPP, reviewed the application and states that in accordance with Title 10 USC, Section 12731, in order for a service member to be eligible for retired Reserve pay, the service member must complete at least 20 years of satisfactory service with the last six years of service in a Reserve component.  Furthermore, for a service member to be eligible for reserve retirement pay under Title 10 USC, Section 12731a, a member must complete at least 15 years, but less than 20 years, of satisfactory service, with the last six in a reserve component.  In addition, the member must be medically disqualified for continued military service. In reviewing the service member's record he had over 19 years of satisfactory of service and the required six in a reserve component, but unfortunately he did not complete 20 years of service nor was he medically disqualified from service, therefore he was not eligible for reserve retirement under Title 10 USC Section 12731 or 12371a.  In view of the above, they recommend denying the applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that her husband dedicated his life to serving in the Air Force and Air National Guard.  She and her sons would appreciate it if the proposed recommendation of ARPC that would award her husband the necessary points to be eligible for retirement pay and RCSBP be implemented (Exhibit E).

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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 awarding the service member the additional points and satisfactory years of service needed to qualify for Reserve retired pay.  The Board, based on the evidence submitted, believes that the service member acted in good faith in fulfilling his reserve requirements, however, since his death occurred before the end of his retirement/retention year, he could not be credited with a satisfactory year of service to complete his 20th year.  We do not believe his family should be penalized for this tragedy.  While it is not feasible to change his retirement/retention year after over 19 years of service, we note the service member enlisted in the delayed enlistment program (DEP) before enlisting in the Regular Air Force.  Therefore, we recommend the time spent in the DEP be changed to reserve time which will provide the deceased member 20 years of 
satisfactory Federal service toward retirement and his family will derive a benefit from his service.

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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 enlisted in the Air Force Reserve on 28 March 1978, and was credited with 16 non-paid Inactive Duty Training (IDT) points for the period 28 March 1978 to 10 September 1978, resulting in 23 total points; and 5 months and 13 days of satisfactory Federal service toward retirement.

	b.  He was honorably discharged on 10 September 1978, to enlist in the Regular Air Force, without a break in service.

	c.  He applied for, and was transferred to the Retired Reserve, effective 26 April 1998, by reason of having completed 20 years toward retirement, and he elected spouse only coverage, Option CA, immediate coverage, under the Reserve Component Survivor Benefit Plan (RCSBP), naming (SPOUSE NAME) as beneficiary based on full retired pay.

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The following members of the Board considered this application in Executive Session on 25 September 2001, under the provisions of AFI 36‑2603:

			        Panel Chair
			        Member
			        Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 Apr 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPP, dated 31 May 01.
   Exhibit D.  Letter, SAF/MIBR, dated 15 Jun 01.
   Exhibit E.  Applicant's Response, dated 10 Jul 01.

				
				Panel Chair

AFBCMR 01-00963
INDEX CODE:  135.02, 137.00

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 APPLICANT, SSN, be corrected to show that:

		 a.  He enlisted in the Air Force Reserve on 28 March 1978, and was credited with 16 non-paid Inactive Duty Training (IDT) points for the period 28 March 1978 to 10 September 1978, resulting in 23 total points; and 5 months and 13 days of satisfactory Federal service toward retirement.

		 b.  He was honorably discharged on 10 September 1978, to enlist in the Regular Air Force, without a break in service.

		 c.  He applied for, and was transferred to the Retired Reserve, effective 26 April 1998, by reason of having completed 20 years toward retirement, and he elected spouse only coverage, Option CA, immediate coverage, under the Reserve Component Survivor Benefit Plan (RCSBP), naming (SPOUSE NAME) as beneficiary based on full retired pay.

				
				Director
				Air Force Review Boards Agency