RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-00932
		INDEX CODE  135.02  110.01
	 	COUNSEL:  None

	 	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

He be extended for two or more months so that he would have sufficient points to complete 20 satisfactory years of service for Reserve retired pay.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force (Exhibit C). 

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AIR FORCE EVALUATION:

HQ ARPC/DPP discusses various statutes as they apply to the applicant’s case. The applicant served on active duty with the United States Public Health Service (USPHS) from 26 Jun 78 through 1 Jul 80. This time is creditable as satisfactory service.  He remained with the USPHS in an inactive status from 2 Jul 80 to 6 Jun 84.  Although the applicant had status with the USPHS, the inactive time is not creditable. The applicant did not complete 20 years of satisfactory service and is not eligible for Reserve retired pay. He has been properly credited for all satisfactory service earned.  Denial is recommended.

A complete copy of the evaluation 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 10 May 02 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 error or injustice to warrant awarding sufficient points and satisfactory service to qualify the applicant for a Reserve retirement. In this regard, the applicant apparently believed that certain inactive periods with the USPHS were creditable towards satisfactory service and, as a medical officer, he would be retained until age 68. As a result, he requested a retention waiver in 1997, which was approved on 27 Feb 98 and gave him a mandatory separation date of 26 Mar 02.  However, additional service after age 67 had been eliminated on 1 Oct 96 when Section 8853 of Title 10, USC, was repealed.  Given the particular circumstances of this case, the fact that the applicant typically earned far more than the minimum amount of points necessary for a “good” year, and the small amount of time needed to make him eligible for a Reserve retirement, we recommend that his records be corrected as 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 appointed to the Air Force Reserve Medical Corps on 2 April 1984.

	b. He was credited with seven (7) nonpaid inactive duty training points and three (3) membership points for the period 2 April 1984 through 6 June 1984, resulting in two (2) months and five (5) days of satisfactory service.

	c. He was not discharged from all appointments in the Air Force Reserve on 26 March 2002 but on that date was transferred to the Retired Reserve with entitlement to Reserve retired pay.

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The following members of the Board considered this application in Executive Session on 22 August 2002 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-00932 was considered:

   Exhibit A.  DD Form 149, dated 11 Mar 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DPP, dated 23 Apr 02, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 10 May 02.

                                   

AFBCMR 02-00932

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 appointed to the Air Force Reserve Medical Corps on 2 April 1984.

	     b. He was credited with seven (7) nonpaid inactive duty training points and three (3) membership points for the period 2 April 1984 through 6 June 1984, resulting in two (2) months and five (5) days of satisfactory service.

	     c. He was not discharged from all appointments in the Air Force Reserve on 26 March 2002 but on that date was transferred to the Retired Reserve with entitlement to Reserve retired pay.