RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03480
		INDEX CODE:  135.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Five days of satisfactory service be granted to give him 20 years of total satisfactory service or he be awarded two (2) Inactive Duty Training (IDT) points for Retirement/Retention (R/R) year ending 25 August 1987 and that he be made eligible for Reserve retired pay at age 60.

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APPLICANT CONTENDS THAT:

He would like to meet the eligibility criteria for retired pay at age 60.  On 22 November 2002, he will be 60 years of age.  It would be in his best interest if this Board considers him eligible after 20 years of faithful service.  

In support of his application, he provides documents associated with his Army Reserve and Air National Guard participation, and copies of the Air Reserve Personnel Center Fact Sheet regarding the Retired Reserve, Retirement Benefits and his Point Credit Summaries for Guard and Reserve service.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 29 April 1988, the applicant was discharged from the Air National Guard and as a Reserve of the Air Force.  Applicant’s NGB Form 22, Report of Separation and Record of Service, indicates the reason for his discharge was under the provisions of ANGR 39-10, paragraph 3-20, “Resign for Own Convenience.”  He was credited with 23 years, 4 months and 4 days of total service for pay.  As of the Reserve Year Ending (RYE) 29 April 1988, he was credited with 19 years, 11 months and 20 days of satisfactory Federal service.

The remaining 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 at Exhibit B.
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AIR FORCE EVALUATION:

APRC/DPP recommends the application be denied.  DPP states that the applicant did not complete 20 years of satisfactory service as required by Title 10, U.S.C., Section 12731; therefore, he is not eligible for Reserve retired pay at age 60.  He had the opportunity to complete his service before he requested discharge since he could have stayed in a participating status until 4 May 1989, his expiration term of service.  ARPC/DPP evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 January 2003 for review and response within 30 days.  As of this date, this office has received no response (See Exhibit C).

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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.  After a thorough review of the evidence presented, we are not persuaded that the favorable consideration of the applicant’s request is appropriate.  The applicant’s performance history indicates that as a member of the Air National Guard since 1976, he consistently met the required training points necessary for a satisfactory year.  We believe he should have been familiar with the guidelines required for eligibility for Reserve retired pay at age 60.  We find it a bit perplexing, however, that the applicant chose to resign for his own convenience prior to establishing eligibility for Reserve retired pay and offers no explanation as to why he elected this option.  As the Air Force office of primary responsibility indicates, the applicant had the opportunity to complete his service before he requested discharge since he could have continued to participate until 4 May 1989, his expiration term of service.  Therefore, we are in complete agreement 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.  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 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 3 April 2003, under the provisions of AFI 36‑2603:

	Panel Chair
	Member
	Member

The following documentary evidence for AFBCMR Docket Number 02-03480 was considered:

	Exhibit A.  DD Form 149, dated 21 May 2002, w/atchs.
	Exhibit B.  Letter, ARPC/DPP, dated 16 Dec 02, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 17 Jan 03.