RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2008-03622
		INDEX CODE: 112.10
 	XXXXXXX				COUNSEL:  NONE
			  		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be considered for a medical discharge or retirement.

2.  The period of 15 June 1984 to 22 April 1989 be considered as creditable military service.

3.  He be considered for early out options.

________________________________________________________________

APPLICANT CONTENDS THAT:

In 1984, he could not reenlist because of his 50 percent Department of Veterans Affairs (DVA) disabilities.  He was not afforded an opportunity to receive a medical discharge.  The period of 15 June 1984 to 22 April 1989 was not considered creditable military service.  He is 100% disabled and 60 years of age.  

In support of his request, the applicant submits a personal statement, copies of welcome letters, point summary and DD Form 256 AF, Honorable Discharge certificate.  

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Air Force on 8 June 1967.  Following a break in service, he enlisted in United States Air Force Reserve (USAFR) on 8 June 1977.  He reenlisted in the USAFR on 21 April 1983, for a period of six years and was honorably discharged on 20 April 1989.  For these periods of service he completed 19 years, 10 months and 12 days of honorable Federal service; however, only 14 years, 11 months and 29 days of this time was satisfactory service creditable toward retired pay eligibility.  Honorable service is the total years of service including active, inactive, regular and Reserve.  It includes satisfactory years as well as years during which the member did not participate sufficiently to earn satisfactory years.

________________________________________________________________
AIR FORCE EVALUATION:

HQ AFRC/DPP recommends denial.  DPP states in order to establish eligibility for Reserve retired pay a member must complete at least 20 years of satisfactory service.  To be credited with a year of satisfactory service a member must earn a minimum of 50 points in a specific one year period.  Reservist in an active status are granted 15 membership points, but must earn at least 35 points through active duty, unit participation or Extension Course Institute (ECI) courses to satisfactorily complete a creditable year toward retirement pay.  On 30 October 1984, the applicant transferred to the Non-obligated Non-participating Ready Personnel Section (NNRPS).  On 20 April 1989, he was discharged from the USAFR.  His record shows no participation for this period and cannot be included in his satisfactory service because he was only granted membership points. Therefore, he did not earn satisfactory years; however, it was included as honorable Federal service.  His record contains no documentation that shows he would not be allowed to reenlist at the end of his enlistment due to a medical disqualification.  Even though he is receiving disability compensation from the DVA this does not constitute certification that he would have been medically disqualified for continued military service.  The law was amended 5 October 1994, to include early qualification for retired pay for members of the Selected Reserve who were medically disqualified for duty.  To establish Reserve retired pay at age 60 for a physical disqualification a member must have completed at least 15, but less than 20 years of satisfactory Federal service and been medically disqualified for military service on or after 5 October 1994.  Since his record does not show he was medically disqualified and he was discharged prior to 5 October 1994, he is not eligible for Reserve retired pay or any other benefits associated with retired pay under this provision of law.  He did not complete 20 years of satisfactory service; therefore, he is not eligible for Reserve retired pay.  He is also not eligible for retired pay since he was not found medically disqualified for continued military service and was discharged from the USAFR prior to the enactment of this provision of law.

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10 October 2008 for review and comment within 30 days.  As of this date, this office has received no response (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 an error or injustice.  It appears the applicant is requesting his records be corrected in a form or manner that would qualify him for retirement benefits.  However, after a thorough review of the evidence of record and the applicant's submission, we find no evidence that a physical condition existed at the time that met the requirements for processing through the disability evaluation system or that disqualified him from duty in the Reserve; therefore, we find no evidence he would have been eligible for a disability discharge or retirement.  As pointed out by the office of primary responsibility, he did not completed 20 years of satisfactory Federal service as required by law to establish eligibility for Reserve retired pay.  Applicant has provided no evidence showing his participation during the period between 15 June 1984 and 22 April 1999; therefore, we see no reason this period should be considered creditable service.  Because he completed less than 15 years of satisfactory Federal service, and was separated prior to the enactment of the National Defense Authorization Act for Fiscal Year 1995, he is not eligible for retirement benefits under the provisions of Title 10, Section 12731.  In view of the above, 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.  In the absence of persuasive evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

________________________________________________________________

RECOMMENDATION OF THE BOARD:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 the application.

_______________________________________________________________

The following members of the Board considered Docket Number BC-2008-03622 in Executive Session on 18 November 2008, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

The following documentary evidence pertaining to Docket Number BC-2008-03622 was considered:

	Exhibit A.  DD Form 149, dated 9 October 2007, w/atch. 
	Exhibit B.  HQ ARPC/DPP, dated 14 December 2007, w/atch.
	Exhibit C.  Letter, SAF/MRBC, dated 18 October 2008.