RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01667
		INDEX NUMBER:  135.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.  His records be corrected to reflect that he met the retirement eligibility requirements under the provisions of Title 10, USC, Section 12731B, in lieu of administrative discharge.

2.  He be given a physical profile 3 which would allow him to continue to participate in the Air Force Reserve.

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APPLICANT CONTENDS THAT:

He currently has 14 years, 11 months and 25 days of satisfactory service (5 days short of 15 years of service), so instead of meeting the retirement eligibility, he was given an administrative discharge with no entitlements or benefits.

He indicates that he performed 3 mandays before or after his scheduled UTAs (unit training assemblies) during the periods of 10 Jul 99, 30 Sep 99, and 3 Apr 00, without payment.  This would have given him more than the two points needed to meet the 50 point requirement for a satisfactory year of service toward retirement.

He further states that he would sign a statement absolving the Air Force from any responsibility as it related to his health.  Applicant had cancer, which was treated with radiation and surgery.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Based on available records, applicant completed 14 years, 11 months and 25 days of satisfactory service at the time of his discharge on 19 Jun 01, due to physical disqualification.

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AIR FORCE EVALUATION:

HQ ARPC/DPP considered this application and recommended denial.  They stated that in order to establish eligibility for Reserve retired pay under the provisions of Title 10, U.S.C., Section 12731b, a member must complete at least 15 years, 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 separated from the Selective Reserve solely on the basis of physical disability.  

The applicant’s records indicate he was discharged on 19 Jun 01, due to physical disqualification.  For retention/retirement (R/R) year 9 Jul 99 to 8 Jul 00, he had earned a total of 48 retirement points.  In addition, his records reflect that he was given credit for mandays around each of the IDT (inactive duty training) weekends in Jul 99, Sep 99 and Apr 00.  

HQ AFRC/SGP considered applicant’s request for permanent profile 3, but indicated that his request would have been denied.

The complete Air Force evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22 February 2002 for review and comment within 30 days.  On 8 April 2002, applicant provided letters from his doctor giving detailed information of his medical condition leading up to and after his discharge (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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission, including the documents submitted by his physician, in judging the merits of the case.  However, it is not clear why the applicant did not complete his participation requirement during the period 9 Jul 99 to 8 Jul 00 in order for him to be credited with a good year of satisfactory service toward retirement.  Based on the evidence of record and that verified by HQ Air Reserve Personnel Center (HQ ARPC), the applicant was given credit for all of his mandays performed during the retirement year ending (RYE) 8 Jul 00.  Additionally, it appears his records were reviewed by the appropriate officials in determining his eligibility for a physical profile 3 and were denied.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  There being insufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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.

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The following members of the Board considered this application AFBCMR Docket Number 01-01667 in Executive Session on 26 March 2002 and 9 April 2002, under the provisions of AFI 36‑2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Jun 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPP, dated 23 Jan 02, w/atchs.
    Exhibit D.  Letter, AFBCMR, dated 22 Feb 02, w/atchs.
    Exhibit E.  Letter, Applicant’s Response, w/atchs.