RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01514
		INDEX CODE:  135.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be awarded a Reserve retirement at age 60 instead of severance pay due to his having 18 years of service.

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APPLICANT CONTENDS THAT:

He entered the Air National Guard (ANG) in 1985 and has since served his country by fighting in two wars: Desert Storm and Operation Enduring Freedom.  He was granted a disability and offered only one of two possible options as a result.  He was offered and accepted discharge with severance pay but was not aware at the time of his right to a Reserve retirement at age 60 instead of severance pay.  He believes his military service has been dishonored and that he has been hoodwinked.  He would like to accept a Reserve retirement instead of discharge with severance pay and would like his record to reflect such.

In support of his appeal, the applicant has provided copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, his National Guard Bureau (NGB) Form 22, Report of Separations and Record of Service, his discharge order, a memo from the South Carolina Adjutant General’s office in response to a request from his representative, a memo of explanation from the ANG HQ, and a copy of Air Force Form 1180, Medical Evaluation Board Findings and Recommended Disposition.

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

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STATEMENT OF FACTS:

The applicant, a former member of the South Carolina ANG (SCANG), served on active duty from 25 February 2002 to 24 February 2003 in support of Operation Enduring Freedom/Iraqi Freedom.  He was, at some point, injured and subsequently met an Informal Physical Evaluation Board (IPEB).  The IPEB recommended the applicant be discharged with disability severance pay in the grade of Staff Sergeant with 5.61 years of active service.  The applicant agreed with this finding as he so indicated on the AF Form 1180.  He was discharged with disability severance effective 20 January 2004.  He was discharged in the grade of Staff Sergeant and had served 18 years, 1 month, and 25 days of combined active and Reserve service.

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI states the applicant was processed properly under the Disability Evaluation System (DES) by the Regular Air Force and they can find no evidence of error or injustice in his case.  The applicant was offered discharge with severance pay and not the option to transfer to the Inactive Status List Reserve Section to await retired pay at age 60, because he had not completed 20 satisfactory years of service.  At the time of his discharge, he accepted the severance pay as evidenced by his signature on the AF Form 1180.  DPPI states further that applicant was not eligible to transfer to ISLRS as his last six years were not qualifying years nor did he complete 20 years of satisfactory service.  DPPI can find no error or injustice in this case.

DPPI’s complete 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 28 January 2005 for review and comment 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 office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Applicant is not entitled to a Reserve retirement, as his last six years of service were not qualifying years spent in a Reserve component.  Therefore, 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 BC-2004-01514 in Executive Session on 26 April 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 May 04, w/atchs. 
    Exhibit B.  Letter, ANG/DPPI, dated 24 Jan 05.
    Exhibit C.  Letter, SAF/MRBR, dated 28 Jan 05.