RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01246
		INDEX CODE:  135.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded a good year for the Retention/Retirement (R/R) year April 1997 - April 1998 so he may receive a 15-year retirement.

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APPLICANT CONTENDS THAT:

He served his units of Richards-Gebaur AFB MO and McGuire AFB, NJ well.  On 22 November 1996, when he was to leave to perform his regularly scheduled unit training assembly (UTA), (23 - 24 November 1996) he started having symptoms at work and late on 23 November 1996 had a heart attack.  After his six-week checkup with his doctor, he advised his First Sergeant that he had been cleared to return with limited duty; however, his First Sergeant told him to wait and see what the Air Force decided.  It took the Air Force from January 1997 to July 1998 to discharge him.  He served as an administrative specialist while on active duty and this type of position would have been within the doctor’s limitations.  His unit, 88th Aerial Port Squadron, had options they could have used but did not.  He could have earned 1 or possibly 2 years for retirement during the time it took the Air Force to discharge him.

In support of his application, he provides a personal statement, a statement of support, medical documents from his private physician and documents associated with his Reserve participation and point credit history.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 30 June 1967 and was progressively promoted to the grade of sergeant (E-4). He performed duties in Air Force Specialty Code (AFSC) R70250, Administrative Specialist.  He served in this capacity until 21 August 1971, when he was honorably released from active duty, having served 4 years, 1 month and 22 days in the Regular Air Force.  On 22 August 1971, he was transferred to the Air Force Reserve in the grade of sergeant (E-4) and served in AFSC 60555, Cargo Processor.  During his period of Reserve service, he was progressively promoted to the grade of staff sergeant (E-5).  Records indicate he was discharged from the Air Force Reserve effective 30 July 1998 by reason of physical disqualification.  As of that date, he was credited with 14 years, 1 month and 22 days of satisfactory Federal service. 

The applicant’s Reserve participation history indicates that for R/R year 24 April 1997 to 23 April 1998 (contested period), he earned 0 Active Duty points 0 Inactive Duty points, 0 Extension Course Institute (ECI) points and 15 membership points for 15 total and retirement points and an unsatisfactory year of Federal service.  For the Retirement Years Ending (RYEs) 23 April 1994 and 23 April 1995 he was credited with 47 and 49 total points, respectively.  Therefore, the RYEs 23 April 1994 and 23 April 1995 were unsatisfactory years of Federal service.

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AIR FORCE EVALUATION:

ARPC/DPP recommends the application be denied.  DPP states that in order to establish eligibility for Reserve retired pay, 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.  In addition, DPP states that the member must be involuntarily separated (to include medical disqualification) from the Selected Reserve.  After a review of the applicant’s record, DPP states that his record shows he was put on a medical profile “4” on 3 June 1997, until the Air Force Reserve Surgeon could make a final determination on his medical qualification for continued military duty.  His unit of assignment did review his case to see if he could be utilized in a different position and found it was not an option in his case.  Additionally, special assignment limitations were not appropriate because the applicant’s medical condition was not compatible with continued military service to include his home duty station.

The ARPC/DPP evaluation, with attachments 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 31 May 2002 for review and response.  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 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 error or injustice.  We believe that the applicant’s request for a correction of his record in such a manner as to establish his entitlement to a 15-year retirement is not supported by the evidence of record.  The applicant claims he was unfairly precluded from performing limited duties during the period taken to process his medical disqualification.  But, based on his medical disqualification he was disqualified for full duty and, apparently, his unit was unable to utilize his services in a limited duty status.  In matters such as this, the needs of the service are of primary consideration.  Although it may seem an inordinate period of time elapsed for the case to be processed, based on the final disposition in his case, this did not result in an injustice to the applicant.  While we are not unsympathetic to the applicant’s circumstances, in the absence of evidence indicating he was treated differently from other similarly situated members or that the computation of his service on his Point Credit History is erroneous, we agree with the opinion and recommendation of the Air Force office of primary responsibility and conclude that the applicant has not sustained his burden of establishing that he has suffered either an error or injustice.  Accordingly, the applicant’s request 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 probable material error or injustice; that the application was denied 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 in Executive Session on 5 September 2002, under the provisions of AFI 36‑2603:
The following documentary evidence was considered for ABCMR Docket Number 02-01246:

    Exhibit A.  DD Form 149, dated 5 April 2002, with
                attachments.
    Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, ARPC/DPP, dated 21 May 2002, with
				 attachments.
    Exhibit D.  Letter, SAF/MRBR, dated 31 May 2002.