RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00267
		INDEX CODE:  128.10
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be credited with two additional years of creditable service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was given two additional years of service (from 1938 through 1940) as an adjusted service date; however, he has only been receiving pay for 28 years of active service.

In support of his request, applicant provided a copy of his retirement order.  His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted as an Aviation Cadet on 13 May 40 completing his training on 31 Dec 40.  He was appointed to the temporary grade of second lieutenant effective 30 Dec 40 with a date of rank of 16 Jan 41.  He was progressively promoted to the temporary grade of colonel, having assumed that grade effective and with a date of rank of 10 Jan 56, and to the permanent grade of colonel effective and with a date of rank of 22 Jul 59.  He continually served on active duty until 31 Jul 68 at which time he was retired.  He served 28 years, 2 months, and 18 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAOR recommends denial.  DPPAOR states that the applicant does not have creditable service for the years 1938 through 1940.  On 8 Dec 39, he made application for appointment as a Flying Cadet and enlisted as a flying cadet on 13 May 40.  His service credit began on 13 May 40.  His retirement order is correct.  The DPPAOR evaluation is at Exhibit C.

DFAS-RPB-TQAL states that if it is determined that the applicant is entitled to the additional service credit his pay will be retroactively adjusted accordingly.  The DFAS-RPB-TQAL evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he has been paid for 28 years service based on entry on active duty as a Flying Cadet on 13 May 40.  He retired on 31 Jul 68 upon completion of nine months loan to the Department of Transportation.  A retired friend of his told him that he retired with 30 years of service for pay purposes.  He entered Flying School in 1942 and retired in 1970 and was given an extra two years service based on his promotion list service.  He knows of several others given credit for promotion list service for pay purposes.  Apparently promotion list service was not considered in his case.  

In support of his request, applicant provided an extract from the Air Force register.  His complete submission, with attachment, is at Exhibit F.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

USAF/JAA recommends denial.  JAA states the promotion list service date is established by law and is used to determine a regular officer's proper position on the lineal list, to establish eligibility criteria for consideration for permanent promotion, and to determine the permanent grade date of rank.  It is not, however, used to determine the years of creditable service that the officer accumulates for retirement pay purposes.  It merely determines the individual's seniority for grade determination.  The JAA evaluation is at Exhibit G.

_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 19 Dec 03 for review and comment within 30 days.  As of this date, this office has received no response.

_________________________________________________________________

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, the promotion list service has a number of applications, none of which appear to be to determine an officer's years of creditable service.  Evidence has not been presented by the applicant, which would lead us to believe otherwise.  Therefore, we agree with the opinions and recommendation of the Air Force offices 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.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-00267 in Executive Session on 17 Feb 04, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAOR, dated 8 Apr 03.
    Exhibit D.  Letter, DFAS-RPB-TQAL, dated 21 Mar 03.
    Exhibit E.  Letter, SAF/MRBR, dated 11 Apr 03.
    Exhibit F.  Letter, Applicant, dated 30 Apr 03, w/atchs.
    Exhibit G.  Letter, USAF/JAA, dated 17 Nov 03.
    Exhibit H.  Letter, SAF/MRBR, dated 19 Dec 03.

                                   
                                   Panel Chair