RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2004-02013
					INDEX CODE:  135.00

  					COUNSEL:  NONE

  					HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her late husband’s record reflects he completed sufficient service to qualify for retirement.

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APPLICANT CONTENDS THAT:

Her late husband passed away from an acute pulmonary thromboembolism - he fell from a two-story home.  They were married for 12 years and have a six-year-old son.  She indicates her husband was a traditional reservist; however, he was activated three times in 19½ years of service and spent many months away from his family.  He remained in the same unit for an entire career and looked forward to his service of 20 years which would have been completed in June 2004.  She was advised her husband accumulated 36 points toward his Retention/Retirement (R/R) year as of November 2003.  Her husband also made a Reserve Component Survivor Benefit Plan (RCSBP) election for full coverage for her and their son.

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

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STATEMENT OF FACTS:

On 8 June 1984 the applicant enlisted in the Reserve of the Air Force.

During the time period in question, he was serving in the grade of technical sergeant effective and with a date of rank (DOR) of 1 November 2000.

The applicant died on 14 December 2003.

The applicant completed 19 years, 6 months and 7 days of satisfactory service.

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AIR FORCE EVALUATION:

ARPC/DPP recommended approval.  They indicate in order to establish eligibility for Reserve retired pay under the provisions of Title 10, U.S.C., Section 12731, a member must complete at least 20 years of satisfactory service with the last six years of qualifying service in a Reserve component.  The service member completed 19 years, 6 months, and 7 days of satisfactory service.  Since he did not complete 20 years of satisfactory service, he is not eligible for retired pay under the provisions of Title 10, U.S.C., Section 12731.  His record contains documentation that shows he was mobilized for Operation Desert Storm from 11 February 1991 to 30 September 1991 and again for Noble Eagle/Enduring Freedom from 7 November 2001 to 10 April 2003.  He had not been given the opportunity to make an RCSBP election since he had not yet met the eligibility requirements for retired pay.  There is no doubt the service member would have completed his 20th year of satisfactory service (he had already earned 36 points for his current Retention/Retirement (R/R) year) if he had not died prematurely.  He was awarded the Meritorious Service Medal (Posthumously) for the period 8 June 1984 to 13 December 2003, for his outstanding professionalism, leadership and dedication to his unit.  If the Board agrees with their recommendation the following would need to be accomplished:

	  a.  Show the service member originally enlisted in the United States Air Force Reserve on 14 December 1983.

	  b.  Award the member 17 non-paid inactive duty training points and 7 membership points for the period 14 December 1983 to 7 June 1984, making this period (5 months and 24 days) a satisfactory partial year of service.  This would give the member 20 years of satisfactory service on 13 December 2004 (sic), the day before he died.

	  c.  Grant the applicant full, immediate coverage (Option CF) for spouse and children, under the RCSBP on 14 December 2004 (sic).

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 July 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

On 3 August 2004, the Board staff provided the applicant with a prior decision by the Assistant Secretary on a case similar to hers and provided her the opportunity to respond (Exhibit E).  On 13 August 2004, she provided a response (Exhibit F) and on 19 August 2004, the Board staff resent the copy of the prior decision by the Assistant Secretary and again provided her the opportunity to respond (Exhibit G).  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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  The applicant contends her late husband completed over 19½ years of service, spent time away from his family due to military activation, remained in the same unit for an entire career, looked forward to his retirement, and made an RCSBP election for full coverage for her and their son.  After thoroughly reviewing the evidence of record and the applicant’s submission, the Board is of the opinion the servicemember’s record should reflect he completed 20 years of satisfactory service to qualify him for retirement and to grant the applicant full, immediate coverage for spouse and children, under the RCSBP.  The servicemember completed 19 years, 6 months, and 7 days of satisfactory service, which included no break in service.  He had earned 36 points for his current Retention/Retirement year at the time of his death - only 14 points less than a satisfactory year.  (Air Force policy is that 50 points are required for a satisfactory year.)  Throughout the servicemember’s career he far exceeded the minimum points required for a satisfactory year.  He was a stellar performer and was posthumously awarded the MSM for his outstanding professionalism, leadership and dedication to his unit.  He was mobilized for Operations Desert Storm, Noble Eagle, and Enduring Freedom.  The Board noted that the Assistant Secretary (Manpower and Reserve) denied a similar case; however, in that case the member had a break in service, otherwise he would have had sufficient time to obtain 20 years of satisfactory service.  In the applicant’s case, he served continuously and was accidentally killed before completing the 5 months and 24 days of additional service to qualify for retirement and RCSBP.  As his record currently stands, his family is not entitled to any benefits.  The Board compared this case to the Air Force policy to continue a member on life support to allow him or her the opportunity for retirement and SBP coverage for his or her family.  This case is different from a disability case, but the principle is similar, i.e., give the servicemember’s family survivor benefit coverage based on the member’s years of outstanding service to his country.  To deny the applicant’s request would constitute an injustice.  In view of the applicant’s overall record and his exemplary service to his country, we believe sufficient basis exists to grant the relief requested.  Therefore in the interest of justice we recommend his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

a.  He enlisted in the Air Force Reserve on 14 December 1983, rather than 8 June 1984.

b.  He was credited with 17 non-paid inactive duty points and 7 membership points during the period 14 December 1983 to 7 June 1984, and, that the period 14 December 1983 to 7 June 1984 is a partial year of satisfactory Federal service for retirement.

c.  On 13 December 2003, he elected spouse and child coverage, Option CF, immediate coverage, under the Reserve Component Survivor Benefit Plan, based on full retired pay.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02013 in Executive Session on 22 September 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 June 2004, w/atchs.
   Exhibit B.  Military Personnel Records.
   Exhibit C.  Letter, ARPC/DPP, dated 7 July 2004, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 9 July 2004.
   Exhibit E.  Letter, AFBCMR, dated 3 August 2004, w/atch.
   Exhibit F.  Letter, Applicant, dated 13 August 2004.
   Exhibit G.  Letter, AFBCMR, dated 19 August 2004, w/atchs.

AFBCMR BC-2004-02013

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

	   a.  He enlisted in the Air Force Reserve on 14 December 1983, rather than 8 June 1984.

	    b.  He was credited with 17 non-paid inactive duty points and 7 membership points during the period 14 December 1983 to 7 June 1984, and, that the period 14 December 1983 to 7 June 1984 is a partial year of satisfactory Federal service for retirement.

  c.  On 13 December 2003, he elected spouse and child coverage, Option CF, immediate coverage, under the Reserve Component Survivor Benefit Plan, based on full retired pay.