RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00394
		INDEX CODE:  108.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her records be corrected to reflect that she was medically retired from the Air Force Reserves.

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APPLICANT CONTENDS THAT:

She was 10% service connected at the time of her enlistment into the Air National Guard (ANG).  The constant wearing of her boots aggravated her injury.  A Medical Evaluation Board (MEB) found her disqualified for further military service 5 years short of a 20-year retirement.  She was offered no benefits or severance package.  

In support of her request, applicant provided documentation associated with her discharge processing.  Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from documentation provided by the applicant reflects that she enlisted in the Regular Air Force on 6 Jan 87.  She was discharged from the Air Force and transferred to the Air National Guard (ANG) on 13 Aug 97.  She was medically disqualified and discharged from the ANG on 1 Jan 03, while serving in the grade of technical sergeant.  She completed 15 years, 11 months, and 26 days of total service.  She was credited with 14 years, 11 months, and 26 days of satisfactory Federal service.  

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states in accordance with Title 10, Section 12731b, 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, and must be medically disqualified for military service to establish eligibility for Reserve retired pay.  She completed 15 years, 11 months, and 26 days of total service; however, only 14 years, 11 months, and 26 days of this time is satisfactory service and she completed only 4 years, 4 months, and 18 days of the required last 6 years of qualifying service in a Reserve component.

Her ANG unit was contacted and they reported she was discharged for numerous medical problems but they were unaware of any foot injury that occurred while on an active duty tour.  In addition they could not verify that she had a 10% disability at the time of her enlistment into the ANG.  She did not appeal the medical separation action at the time she was being processed for separation.  The DPP evaluation 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 30 Apr 04 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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We find no evidence of an error in this case, and after careful consideration of the evidence provided, we do not believe she has been the victim of an injustice.  The applicant requests her records be corrected to reflect that she was medically retired from the Air Force Reserves.  The Fiscal Year 1995 National Defense Authorization Act rendered medically disqualified Reservists eligible to receive Reserve retired pay at age 60 under the stipulation that the medically disqualified member have completed at least 15 years of satisfactory Federal service with the last six years of qualifying service in a Reserve component.  A review of her record indicates that she has completed less than the required years of satisfactory service and only the last 4 years, 4 months, and 18 days were served in a qualifying component.  Therefore, we agree with the Air Force that the applicant has not met the requirements established by law and adopt their rationale as the basis for our conclusion that the she has not been the victim of an error or injustice.  Absent 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 BC-2004-00394 in Executive Session on 3 Jun 04, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jan 04, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 26 Apr 04.
    Exhibit C.  Letter, SAF/MRBR, dated 30 Apr 04.

                                   Panel Chair