RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00898
		INDEX CODE:  136.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be entitled to retirement benefits and pay he earned from 1945 to 1965.

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APPLICANT CONTENDS THAT:

His years of service are not accounted for properly.  The number of points earned from the Marine Corps and the Air Force are not correct.

In support of his appeal, the applicant provided a personal statement, Air Reserve Forces Retirement Credit Summary, and other documentation.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force (Exhibit C).  Accordingly, there is no need to recite these facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

The Director of Personnel Program Management, ARPC/DPP, reviewed this application and states that to establish eligibility for Reserve retired pay under the provisions of Title 10, United States Code (U.S.C.), Section 12731, a member must complete 20 years of satisfactory Federal service, with the last 8 years of qualifying service in a Reserve component.  A review of the applicant’s record indicates he completed 20 years, and 14 days of Honorable Federal service as of 9 December 1965, the date of his discharge from the United States Air Force Reserve (USAFR).  However, only 18 years, 7 months, and 5 days of this time is satisfactory Federal 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.

Prior to 1 July 1949, all Federal service is creditable toward retirement, and for this period the applicant completed 3 years, 7 months, and 5 days.  Subsequent to 1 July 1949, a member must earn a minimum of 50 points to be credited with satisfactory years of service.  Each Reservist in an active status is granted 15 membership points but must earn at least 35 points through active duty, unit participation or Extension Course Institute courses to satisfactorily complete a creditable year toward retirement for pay.  From 1 July 1949 to 9 December 1965, the applicant completed 15 years of satisfactory service.  The applicant’s record indicates he served in the United States Marine Corps (USMC) from 8 October 1945 to 7 October 1948, the United States Marine Corps Reserve (USMCR) from 26 November 1948 to 9 December 1962, and the USAFR from 10 December 1962 to 9 December 1965.  He was discharged from the USAFR on 9 December 1965.

In 1976, the applicant requested a review of his record.  The applicant’s record was audited and his service verified.  The applicant was notified by letter, dated 24 August 1976, he had completed 18 years, 7 months and 5 days of satisfactory Federal service and he needed to complete an additional 1 year, 4 months and 25 days to be eligible for Reserve retired pay.  The letter recommended he contact the nearest Reserve Personnel Office for information on enlisting in the USAFR in order to complete the required service.

The applicant did not complete 20 years of satisfactory service as required by Title 10, U.S.C., Section 12731, therefore, he is not eligible for Reserve retired pay at age 60.  In addition, the applicant was properly credited with all of his military service and he was informed he was not eligible in 1976.  Therefore, they recommend denial of the applicant’s request.  

A complete copy of the Air Force evaluation, with attachments, is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that during his time in the service he became ill for approximately one year, but was still active duty.  His wife also became ill and he missed approximately 4 more months.  He believes that he should have continued to receive retirement points during Retirement/Retention (R/R) and or downtime while ill.  He requests his medical records and leave time not used be opened for review.  He states that points were not recorded and he would like the Board to compare his R/R time with his retirement points.

The applicant’s complete response, with attachment, is attached at Exhibit E.

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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 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 probable error or injustice warranting retirement benefits and pay.  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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant did not complete 20 years of satisfactory service as required by Title 10, U.S.C., Section 12731, therefore he is not eligible for Reserve retired pay.  The documentation provided does not establish that he was not properly credited with all of his military service.  In 1976 the applicant’s record was audited and his service verified as 18 years, 7 months and 5 days of satisfactory Federal service.  He was notified that he needed 1 year, 4 months and 25 days to be eligible for Reserve retired pay; however, we find no evidence that he attempted to complete the required service.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

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

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The following members of the Board considered this application in Executive Session on 26 June 2001, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 March 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPP, dated 8 May 2001, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 18 May 2001.
   Exhibit E.  Letter, Applicant, dated 1 June 2001, w/atchs.

					   
					   Panel Chair