RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01265
				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 reflect:

		a.  He was eligible to receive retired reserve pay.

		b.  He elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP).

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APPLICANT CONTENDS THAT:

But for his untimely death, her husband's intentions were to serve in the Air National Guard beyond the required twenty years. 

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The servicemember had completed 19 years of satisfactory service at the time of his death.

The applicant died on 4 September 1999 at the age of 50.

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AIR FORCE EVALUATION:

ARPC/DPP states in accordance with Title 10 USC, Section 12731, 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 or eight years of service in a Reserve component.  In order to receive pay under Title 10 USC, Section 12731b, the member must have completed at least 15, but less than 20 years of satisfactory service, with the last six or eight years in a Reserve component, and the member must be medically disqualified for continued military service.  In reviewing the service member's record he had 19 years of service at the time of his death.  The service member did not attain 20 years of satisfactory service, nor was he medically disqualified for continued service and therefore he is not eligible for Reserve retired pay.  In view of the above, they recommend denying the applicant’s request.

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

On 16 May 2002, the Assistant Secretary for Manpower & Reserve Affairs (SAF/MR) considered and denied a similar case wherein the widow was requesting a waiver of the 20-year requirement for retirement eligibility (Exhibit E).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and SAF/MR memorandum were forwarded to the applicant on 21 June 2002 and 26 July 2002, respectively, for review and response within 30 days.  As of this date, no response has been received by this office.
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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 in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to sustain her burden that she has suffered either an error or an injustice.  The applicant’s late-husband did not meet the eligibility criteria in accordance with Title 10 U.S.C., Section 12731 or 12731b, to receive a reserve retirement or pay.  Therefore, the applicant is not eligible to receive RCSBP annuity based on her late-husband’s military service.  In view of the foregoing and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 AFBCMR Docket Number 02-01265 in Executive Session on 21 January 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 Apr 02, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPP, dated 11 Jun 02.
   Exhibit D.  Letter, SAF/MRBR, dated 21 Jun 02.
   Exhibit E.  Letter, SAF/MR, dated 16 May 02.
   Exhibit F.  Letter, AFBCMR, dated 26 Jul 02.