RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01289
		INDEX CODE:  108.00
	XXXXXXXXXXXXXXXXXX	COUNSEL:  NONE

	XXX-XX-XXXX	HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given full retirement benefits at the rank of major.  

_________________________________________________________________

APPLICANT CONTENDS THAT:

Reserve Order K-1375, dated 21 June 1961, indicates he completed a total of 20 years of honorable service in the Armed Forces.  

In support of his application, he provided copies of Reserve Order K-1375 along with copies of his military service records.  The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 3 March 1941, the applicant enlisted in the National Guard of the United States in the rank of private (E-1) at the age of 22.  On 1 April 1941, he was ordered to active duty.  He was progressively promoted to the grade of sergeant (E-4) effective 11 June 1942.  On 22 October 1942, he was honorably discharged to accept a commission in the Army Air Corps.  On 23 October 1942, he was appointed a second lieutenant, United States Army Air Corps and ordered to active duty the same day.  He was progressively promoted to the grade of captain (O-3) effective 16 May 1945.  On 10 December 1945, the applicant was tendered an appointment in the Officer’s Reserve Corps, Army of the United States, in the grade of captain.  He was released from active duty on 28 March 1946.  The applicant served three years, five months, and five days on commissioned active duty. On 6 December 1952, the applicant was tendered an appointment as a Reserve officer in the United States Air Force in the grade of captain.  He was promoted to the grade of major (O-4) effective 25 February 1956.  On 8 June 1960 the applicant was notified that he was 

being transferred to the Inactive Status List Reserve Section (ISLRS).  On 10 May 1961, the applicant was notified that he would be considered for discharge from the Air Force Reserve for failing to obtain reassignment from ISLRS.  On 16 May 1961, the applicant acknowledged receipt on the notification and requested to be transferred to the Retired Reserve Section.  The applicant was transferred to the Retired Reserve effective 31 July 1961.  He was credited with 10 years, 3 months, and 28 days of satisfactory Federal service.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial of the member’s request.  DPP states to establish eligibility for Reserve retired pay under the provisions of Title 10, USC, Section 12731, a member must complete 20 years of satisfactory Federal service, with at least the last eight years of qualifying service in a Reserve component.  The applicant’s military records indicates he completed 20 years, 4 months, and 28 days of honorable Federal service as of 30 July 1961, the day before he was transferred to the Honorary Retired Reserve; however, only 10 years, 3 months, and 28 days of this time was satisfactory Federal service creditable towards retired pay eligibility.  Honorable Federal 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.  

DPP states that prior to 1 July 1949, all Federal service is creditable towards retirement, and for this period, the applicant completed 8 years, 3 months, and 28 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 year toward retirement for pay.  From 1 July 1949 to 30 July 1961, the applicant completed an additional two years of satisfactory service.  

DPP states the applicant did not complete 20 years of satisfactory service; therefore, he is not eligible for retirement under the provisions of Title 10, United States Code (USC), Section 12731.  The DPP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 April 2004, the applicant submitted additional military service records to add to his case file. He was informed several years ago that there was a fire in the records bureau and 20 percent of the records there were lost.  

___________________________________________________________________

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.  After a thorough review of the available records, we found no evidence that the individual is eligible for retirement under the provisions of Title 10, USC, Section 12731.  We note a member must have 20 years of satisfactory Federal service, with the last eight years of qualifying service in a Reserve component, to be eligible for Reserve retired pay.  The evidence provided confirms the applicant was credited with 20 years, 4 months, and 28 days of honorable Federal service; however, the record indicates that only 10 years, 3 months, and 28 days of this time was satisfactory Federal service credible toward retired pay eligibility.  Therefore, in the absence of evidence by the applicant that would lead us to believe he participated as an active member of the Air Force Reserve to a greater degree than that indicated by his record or that his point credit histories are improperly recorded, we agree with the assessment by the Air Force office of primary responsibility and adopt their conclusions as our findings in this case.  Accordingly, the applicant’s request is not favorably considered.  

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 this application in Executive Session on 8 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-01289:

	Exhibit A.  DD Form 149, dated 29 Mar 03, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, ARPC/ DPP, dated 12 May 03. 
	Exhibit D.  Letter, SAF/MRBR, dated 23 May 03.
	Exhibit E.  Applicant’s Rebuttal, dated 12 Apr 04.