RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02018
		INDEX CODE:  128.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be given Reserve retired pay.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are 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).

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AIR FORCE EVALUATION:

ARPC/DPP recommended denial.  They indicated that to establish eligibility for Reserve retired pay under the provisions of Title 10, United States Code (U.S.C.), Section 12731 (formerly Section 1331), 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 1 day of honorable federal service as of 22 September 1962, the day before he was transferred to the Honorary Retired Reserve; however, only 9 years, 9 months and 9 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 6 years, 9 months and 9 days of service.  Subsequent to 1 July 1949, a member must earn a minimum of 50 points to be credited with a satisfactory year 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 (ECI) courses, to satisfactorily complete a creditable year toward retirement for pay.  From 1 July 1949 to 22 September 1962, the applicant completed an additional 3 years of satisfactory service.

The applicant was initially assigned to the Inactive Status List Reserve Section (ISLRS) on 17 December 1956.  At that time he had not actively participated in the Reserve program since 1 August 1955.  On 20 May 1957, HQ Air Reserve Records Center (ARRC) sent the applicant a letter advising him of his non-participating status and the options available to him.  He subsequently requested reassignment to the Non-Affiliated Reserve Section and enrollment in the USAF ECI.  His application was accepted and he was enrolled in the ECI program.  However, there is no documentation in the applicant’s record verifying he completed any ECI courses or earned any retirement points.  The applicant was assigned to ISLRS for a second time on 16 January 1959, because he failed to meet the minimum participation requirements of earning at least 15 points in the prior retention/retirement year.

The applicant sent a letter to the ARRC on 15 April 1968, advising of his change of address and requesting information about obtaining a flying assignment and his entitlement to retired pay at age 60.  ARRC responded to the applicant on 10 May 1968, advising him of the current recall policy for retired officers.  The letter further explained his record showed he had only completed 9 years, 9 months and 9 days of satisfactory service; therefore, he did not meet the requirements for Reserve retired pay at age 60 then or in the future, nor any benefits associated with retired pay.

The applicant did not complete 30 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.

The evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On  23 August 2002, a copy of the evaluation was forwarded to the applicant for review and response within thirty (30) days.  As of this date, no response has been received by this office. 

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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 an error or an 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 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 an error or an 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 AFBCMR Docket Number 02-02018 in Executive Session on 25 September 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 June 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, ARPC/DPP, dated 16 August 2002, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 23 August 2002.

				
				Panel Chair