RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03761
		INDEX CODE:  136.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

She (deceased member's daughter) be able to receive retirement benefits that her father earned but never collected.

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APPLICANT CONTENDS THAT:

Her father served 15 years, 10 months and 16 days of active service with the Air Force and 5 years, 2 months and 9 days of active service with the US Army thereby enabling him to military retirement.  Applicant states that her father applied for retirement upon separating from the Air Force but was denied as he did not have the Army DD Form 214 that would verify his active service.

Applicant’s complete submission, with attachments, is located at Exhibit A.

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STATEMENT OF FACTS:

The former member served on active duty with the United States Army from 24 Jul 1944 to 4 Jul 1947 and as a reservist with the Army Reserve from 5 July 1947 to 7 September 1948 and on active duty with the Army Reserve from 8 Sep 1948 to   7 September 1949.  All federal service prior to 1 July 1949 was considered creditable for retirement.  Therefore, he had 4 years, 11 months and 7 days creditable for retirement on 1 July 1949.  At the time of his enlistment into the United States Air Force he had been credited with 4 years, 11 months and 7 days of active service and 11 months and 9 days of inactive service.

He contracted his enlistment in the Regular Air Force on 31 May 1951.  He was progressively promoted to the grade of Staff Sergeant (E5) with a date of rank of 1 October 1953.  

On 28 June 1965, member was placed on the Airman Control Roster as a result of a Special Performance Report.  His performance was to be observed from 9 June through 8 September 1965 by a different rater.  He chose not to acknowledge the Airman Control Roster action and stated his intention to be discharged from the Air Force.  He was discharged with an honorable discharge effective 7 July 1965.  At the time of his discharge from the Air Force, he had completed 14 years, 4 months and 17 days of active military service.  His total active federal military service towards voluntary retirement therefore, was 19 years, 3 months, and 24 days.  His total service for pay purposes was 19 years, 11 months, and 22 days.

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AIR FORCE EVALUATION:

AFPC/DPPRRP recommends denial.  DPPRRP cites Section 8914 of Title 10, United States Code that requires the military member to have a minimum of 20 years of active service to qualify for voluntary retirement.  The member had only 18 years and 18 days of active military service and therefore does not qualify for a 20-year retirement.

DPPRRP notes also that there were no injustices or irregularities that occurred with the former member’s discharge processing and, at the time, there were no provisions of law that allowed a member to retire with less than 20 years of active service.  

AFPC/DPPRRP’s evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that she spoke with an old friend of her father’s who told her that her father did not apply for voluntary retirement from the Air Force, as he was evidently aware of the Air Force Regulation that governed retirements at the time.  Her father did, however, attempt to apply for a retirement based on points he earned from active and reserve service when he reached age 60.  Member could not provide the Army DD Form 214, and the Air Force could not locate it.  Therefore, the applicant contends that had her father’s paperwork been processed properly, he would’ve drawn retirement pay from July 1986 until his death in April 1999.  She asks for a review of AF regulations regarding qualifying for retirement for points at age 60.  

A complete copy of the response is at Exhibit E.

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ADDITIONAL AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  In order for the former member to have qualified for Reserve retired pay at age 60 he had to meet the requirements of Title 10, United States Code (U.S.C.), Section 12731 that requires a member to complete 20 years of satisfactory service with the last 8 years of qualifying service to be served in a Reserve component.  The former member completed 19 years, 3 months, and 29 days of satisfactory service as of the date of his discharge from the United States Air Force, 7 July 1965.  None of his last 8 years of service were performed in a Reserve component.  Therefore, the former member did not meet either of the qualification rules to qualify for a Reserve retirement.

ARPC/DPP’s evaluation, with attachment, is at Exhibit G.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional evaluation was forwarded to the applicant on 16 May 2003, for review and comment within 30 days.  As of this date, this office has received no response.  

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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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the former member has not been the victim of an error or injustice.  The former member simply did not meet the criteria for either a voluntary 20-year retirement from active duty or a Reserve component retirement at age 60.  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 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 AFBCMR Docket Number BC-2002-03761 in Executive Session on 1 July 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Nov 02, w/atchs. 
    Exhibit B.  Deceased Member’s Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRRP, dated 17 Jan 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Jan 03.
    Exhibit E.  Letter, Rebuttal, dated 13 Feb 03.
    Exhibit F.  Letter, AFBCMR, dated 7 Apr 03.
    Exhibit G.  Letter, HQ ARPC/DPP, dated 8 May 03, w/atch.
    Exhibit H.  Letter, SAF/MRBR, dated 16 May 03.