RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-01660 INDEX CODE:	108.00
COUNSEL:	XXX
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His retirement code of X3, Found physically disqualified for active service, not as a result of misconduct, regardless of the total years of service completed; not eligible for retired pay at age 60 under Title 10, U.S.C., Section 1331 be changed to 2Q, Medically retired or discharged, on his Reserve Retirement Special Order.

Examiner’s Note: The reenlistment code of 2Q is not an authorized code for a retirement  action; it is a code that denotes reenlistment eligibility. However, the Retirement Code X’ is the proper code for a discharge for physical disqualification.

APPLICANT CONTENDS THAT:
His identification (ID) card is no longer honored and he did not find this out until he tried to renew his wife’s expired ID card. He was permanently medically retired on 4 Dec 86. He deserves his retired ID card for life and his retired benefits.

He was given a ‘blue’ ID card which was his understanding that he was medically retired, permanently. Had he known he was not medically retired, he would have stayed for the four months required for retirement.

He has Multiple Sclerosis, which is not going away and is a lifetime illness. The Air Force Reserve should review the facts of his case and admit to the administrative mistakes that transpired upon his separation as his disability is not improving.

In support of his request, the applicant provided statements in his own behalf, a copy of his Reserve Retirement Special Order, medical documentation, and selected documents from his master personnel records.

The applicant's complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant was transferred to the Honorary Retired Reserve on
1 Dec 86, and was credited with 19 years, 8 months, and 5 days of satisfactory service. At the time the applicant transferred to the Honorary Retired Reserve, he was authorized a retired red identification (ID) card which did not authorize any benefits. The Department of Defense Instruction 1200.15, Assignment to and Transfer Between Reserve Categories, Discharge from Reserve Status, Transfer to the Retired Reserve, and Notification of Eligibility for Retired Pay, 18 Sep 97, replaced existing instructions removing all reference to this retirement category, thereby effectively eliminating the Honorary Retired Reserve.

There was no law that authorized eligibility for Reserve retired pay with less than 20 years of satisfactory service until the Fiscal Year (FY) 1993 National Defense Authorization Act (NDAA) was signed into law on 23 Oct 92.

The FY 1993 NDAA established a new law, Title 10, United States Code (U.S.C.), Section 12731a, that authorized early qualification for Reserve retired pay to members who completed at least 15, but less than 20 years of satisfactory service, with the last 6 years of qualifying service in a Reserve component, and were voluntarily separated from the Selected Reserve due to force reduction.

On 5 Oct 94, early qualification was extended to members who no longer met the qualification for membership in the Selected Reserve solely because the member was unfit due to a physical disability.  The law was not grandfathered.

The applicant completed 15 years of satisfactory service with the last 6 qualifying years in a Reserve component and was medically disqualified for military service; however, he was separated from the Selected Reserve prior to the 5 Oct 94 effective date of the law.

AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states the applicant did not complete 20 years of satisfactory service; therefore he is not eligible for retired pay, or any benefits associated with retired pay, under the provisions of Title 10, U.S.C., Section 12731. In addition, since the applicant was separated from the Selected Reserve prior to 4 Oct 94, he is not eligible for retired pay, or any benefits associated with retired pay, under Title 10, U.S.C., Section 12731a. DPP further states that since there are no longer any provisions for an honorary retiree status in the Air Force Reserve, the Air Force does not have the authority to issue ID cards to honorary retirees or to restore an ID card to an honorary retiree whose ID card has been lost or invalidated.

The complete ARPC/DPP evaluation, with attachments, is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He states he had 19 years, 8 months, and 5 days of service when he was diagnosed with Multiple Sclerosis in 1984. He waited from Jul 1985 to Dec 1986 for his medical discharge orders. During this time he inquired several times about completing his 20 years. He could have completed his 8 days at a desk job which he had been doing; however, because of his illness, he was no longer permitted.

He states it was the Air Force Reserve who made the error of giving him a blue ID card and not a red ID card and that he should not have been Honorary Reserve Retired since he had a blue ID card. He was not Honorary anything and would appreciate it if ARPC/DPP would review the records correctly prior to stating inaccuracies.

The applicant’s complete response, with attachments, is at Exhibit D.

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. We took notice of the applicant's complete submission in judging the merits of the case and note an error was made in issuing him a blue ID card; 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. Unfortunately, under the applicable statute at the time, he was not eligible for a Reserve retirement. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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.

The following members of the Board considered Docket Number BC- 2008-01660 in Executive Session on 25 September 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, w/atchs, dated 22 Apr 08. Exhibit B.	Memorandum, HQ ARPC/DPP, w/atchs,
Dated 18 Jul 08.
Exhibit C.	Letter, SAF/MRBR, dated 25 Jul 08. Exhibit D.	Applicant’s Rebuttal, w/atchs,
dated 6 Aug 08 and 6 Sep 08.