RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  01-01977
			INDEX CODE:  135.00
	APPLICANT		COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His active duty retired pay be adjusted due to Reserve service he performed and a Reserve promotion he received after his retirement from the Regular Air Force.

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APPLICANT CONTENDS THAT:

He was told by his Reserve organization that he would be credited with his Reserve service when he reached age 60.

In support of his request applicant submitted a personal statement (Exhibit A).

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 6 Aug 1958.  He was progressively promoted to the grade of technical sergeant and served on active duty until 31 Jan 1979, when he was relieved from active duty and retired under the provisions of Title 10, United States Code (USC), Section 8914, effective 1 Feb 1979.  He was credited with 20 years, 5 months and 25 days of active service for retirement.  He was transferred to the Retired Reserve until 6 Aug 1988.

On 22 Feb 1979, orders were published announcing the applicant’s relief from the Retired Reserve Section and assignment to an active Reserve position, effective 15 Feb 1979.  He was promoted to the grade of master sergeant effective 5 Nov 1979 and continued to serve until his discharge on 30 Jan 1985.  Available records indicate he earned satisfactory years of Federal service for the Retirement Years Ending (RYEs) 1980, 1981, 1982 and 1983.

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AIR FORCE EVALUATION:

The Personnel Programs Branch, ARPC/DPP, indicated the only provision of the law that authorizes retired pay to be recomputed due to service after retirement is Title 10 USC, Section 1401, (a), which states, “ A member of an armed force who first became a member of a uniformed service before September 8, 1980, and who has become entitled to retired pay or retainer pay, and who thereafter serves on active duty (other than for training), is entitled to recompute his retired pay or retainer pay upon his release from that duty.”

DPP states that since all of the applicant’s active duty service with the Reserve was active duty for training, his retired pay cannot be recomputed due to his active duty service.  In addition, there are no provisions of law that allow the applicant’s retired pay to be changed due to later Reserve service or for the retired pay grade to be changed due to a later Reserve promotion as a member of the Air Force Reserve.  Therefore, DPP recommends the applicant’s request be denied (Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and indicated that he feels all duty he performed for the Air Force Reserve was nothing more than a continuation of active duty service not withstanding what the early capture off the retired list showed. Title 10 USC section 1042 was passed long after his service with the Reserve and it was an injustice pure and simple that he did not receive any information on this years ago (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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that the applicant’s creditable service and grade for the purpose of computation of his active duty retired pay is erroneous or inequitable.  We are constrained to note that different laws govern retired pay based on active duty and Reserve service.  We have noted the applicant’s contention that he was advised he would be credited with his Reserve service and his retired pay would be adjusted when he reached age 60.  However, the applicant has provided no evidence to corroborate his assertions of miscounseling.  In the absence of such evidence, information showing that the computation of his retired pay is contrary to the governing laws and regulations or that he was treated differently from similarly situated members, we agree with the opinion of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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 6 November 2001, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Jun 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 13 Sep 01.
    Exhibit D.  Letter, SAF/MIBR, dated 28 Sep 01.
    Exhibit E.  Applicant’s Response dated 27 Oct 01, w/atchs.