RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01436 INDEX CODE: 136.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that he will be eligible to receive Reserve retired pay and benefits at age 60 rather than being separated due to medical disqualification. ___________________________________________________________________ APPLICANT CONTENDS THAT: He was disqualified from participating after he had a heart attack while on active duty. Meanwhile, he thought he had enough time to retire. He believes he only needs five or six points to qualify for a retirement after serving. In support of his application, applicant submits a personal statement, DD Form 422, Physical Profile Serial Report, a copy of an inquiry from DFAS. Applicant’s complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: Based upon the available military personnel records, the applicant enlisted into the United States Marine Corp (USMC) from 8 August 1966 until 9 October 1970. He was transferred to USMC Reserve on 10 October 1970 until his separation on 7 August 1974. The applicant reenlisted into the Air Force Reserve on 29 March 1977 until he was medically disqualified on 8 October 1994 after serving 23 years, 6 months and 10 days of honorable federal service; which, only 19 years, 10 months and 5 days were satisfactory service creditable toward retired pay eligibility. ___________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1B recommends approval and states the applicant was not afforded the opportunity to apply for retirement in lieu of separation because he did not qualify for a Reserve Retirement because he did not have 20 years of satisfactory service pursuant to Title 10, USC, Section 12731, Age and Service Requirement – Retired Pay for Non Regular Service. However, the applicant should have been afforded the opportunity to transfer to the Retired Reserve with pay at age 60 in lieu of administrative discharge based on physical disqualification because the FY 1995 National Defense Authorization Act (NDAA) authorized early retirement for members with 15 but less than 20 years of satisfactory service who were subject to administrative discharge based on physical disqualification. The effective date of this provision was 5 October 1994, 3 days prior to the applicant’s discharge from the Reserve. ARPC/A1B’s complete evaluation is at Exhibit C. ADDITIONAL AIR FORCE EVALUATION: ARPC/DPP recommends approval and states the applicant completed the service requirement for retirement under Title 10, USC, Section 12731a (Temporary special retirement qualification authority) and he was medically disqualified for military service. However, he was never given the opportunity to apply for transfer to the Retired Reserve. ARPC/DPP’s complete evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 19 October 2007 and 3 January 2008, for review and comment within 30 days. As of this date, no response has been received by this office. ___________________________________________________________________ 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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting a partial grant of the requested relief. The applicant contends he needed 5 or 6 points to qualify for a 20-year retirement when he was separated due to physical disqualification. After reviewing the circumstances surrounding this case, we believe it is likely the applicant did not receive proper counseling at the time. In this respect, we find it inconceivable the applicant would have forfeited an opportunity to apply for early retirement after serving over 19 years of satisfactory federal service if he was properly counseled. Therefore, the Board recommends that his records be corrected to the extent indicated below. ___________________________________________________________________ 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 was not administratively discharged from the Air Force Reserve for physical disqualification, but was transferred to the Retired Reserve Section on 8 October 1994 to await Reserve retired pay at age 60 in accordance with Title 10, USC, Section 12731a. b. He be provided the opportunity to make an election under the Reserve Component Survivor Benefit Plan (RCSBP). ___________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2007-01436 in Executive Session on 24 January 2008, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-01436 was considered: Exhibit A. DD Form 149, dated 4 May 2007, w/atchs. Exhibit B. Letter, ARPC/A1B, dated 15 Oct 07. Exhibit C. Letter, SAF/MRBR, dated 19 Oct 07. Exhibit D. Letter, ARPC/DPP, dated 28 Dec 07. Exhibit E. Letter, AFBCMR, dated 3 Jan 08.