RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-03652

							COUNSEL:  NONE

							HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

She be awarded a military service waiver to enable her to meet the requirement for 15 years of satisfactory service needed to qualify for a Reserve retirement with pay at age 60, in lieu of an administrative discharge based on physical disqualification.

APPLICANT CONTENDS THAT:

She only needs 14 [sic] more days of service to qualify for a Reserve retirement.  However, her appeal to the Secretary of the Air Force, requests for congressional assistance and requests to the Air Force Reserve to obtain the necessary military service required to be awarded 15 years satisfactory service have been unsuccessful.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 1 June 1994.

According to AFRC IMT 348, Line of Duty [LOD] Determination, dated 8 September 2008, the commander determined the applicant was not on orders when she reportedly saw a doctor concerning “anxiety possible bipolar disorder” and recommended a formal LOD investigation.

In a letter dated 16 November 2009, the LOD approving authority determined the applicant’s diagnosis of “anxiety possible bipolar disorder” was “Not in Line of Duty.” 

In a letter dated 21 June 2012, the Formal Physical Evaluation Board (FPEB) found the applicant medically unfit to perform the duties of her office, grade, rank, or rating based on her diagnosis of “anxiety with possible bipolar disorder.”

On 7 July 2012, the applicant indicated that she disagreed with the FPEB recommendation and wished to rebut the findings to the Secretary of the Air Force.  On 15 June [sic] 2012 and 18 July 2012, the applicant and her counsel submitted a rebuttal.

According to Reserve Order BC-001496 dated 29 April 2014, the applicant was relieved from assignment [Nonobligated Non-participating Ready Personnel Section] and was honorably discharged from all appointments in the United States Air Force under the provisions of AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, effective 30 April 2014.

According to the applicant’s Military Personnel Data System Service History, she was credited with 14 years, 10 months and 25 days of satisfactory service for retirement.

In a letter dated 26 June 2015, the Secretary of the Air Force concurred with the FPEB and found the applicant unfit for continued military service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:

AFRC/A1K recommends denial.  The Air Force Reserve periodically discharges reservists, such as the applicant, who fall just short of the minimum 15-year requirement for retirement.  Members of the Air Force Reserve with 15 years, but less than 20 years satisfactory service, who are subject to administrative discharge under AFI 36-3209, for physical disqualification are eligible for a Reserve retirement with pay at age 60 (Title 10, United States Code (U.S.C.), Section 12731b: Special Rule for Members with Physical Disabilities Not Incurred in the Line of Duty).  Unfortunately, the applicant did not qualify for retirement under Title 10, U.S.C., Section 12731b because she only had 14 years, 10 months and 25 days satisfactory service.  To obtain 15 years satisfactory service, the applicant requires 35 additional days of military service (14 years, 10 months and 25 days plus 35 days equals 15 years).  To receive credit for 35 days military service, the applicant would need to be awarded 5 participation points as outlined by AFI 36-3209, Attachment 17 (Minimum Points Required to Establish a Partial Retirement Year of Satisfactory Federal Service).

A complete copy of the AFRC/A1K evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28 September 2016, for review and comment within 30 days (Exhibit D).  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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2015-03652 in Executive Session on 3 November 2016, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03652 was considered:

Exhibit A.  DD Form 149, dated 22 August 2015, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Memorandum, AFRC/A1K, dated 6 September 2016, 
  w/atchs.
Exhibit D.  Letter, AFBCMR, dated 28 September 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter in regard to AFBCMR Docket Number BC-2015-03652.