RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01428,
							    Cse 2
				INDEX CODE:  110.00
			 	COUNSEL:  None

				HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to reflect his active service for retirement as 20 years, 6 months, and 29 days versus 20 years, 5 months and 26 days.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 reflects his active service as 20 years, 6 months, and 29 days.  Therefore, he should have received retirement pay for 52.5 percent of basic pay in accordance with HQ AFPC/DPPD and Air Force Manuals 35-4 and 35-7.  The Air Force made an error by paying only 50 percent of base pay.  In support of his request he attached a record of disability payment from the Department of Veterans Affairs.  He further states this is not a correction of records since his DD Form 214 is correct, this is a request for the Air Force to follow the requirements and refund back pay.

Applicant's complete submission, with attachments, is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 2 November 1953 for a period of four years as an Airman Basic (AB).

The applicant was relieved from active duty on 31 May 1974.  He voluntarily retired on 1 June 1974.  He served 20 years, 5 months and 26 days of active service.  He served 20 years, 6 months and 29 days for retired pay purposes.

The applicant submitted an application to the Board to have his retirement for service changed to a medical retirement.  The 
Board considered and denied his applicant’s request on 2 November 1999.

_________________________________________________________________

AIR FORCE EVALUATION:

DFAS-RPB-TQAL/CL states the applicant was placed on the Retired List on 1 June 1974 under the provisions of 10 USC 8914.  The applicant was credited with 20 years, 5 months and 26 days of active service and 20 years, 6 months and 29 days of service for pay purposes.  The DD Form 214 the applicant was issued indicates his service is correct.  He has not provided any evidence to support his request.  They further state if the applicant’s service record is verified and it is determined he should be credited with 20 years, 6 months and 29 days of service, his account will be recomputed.

A complete copy of the DFAS evaluation is attached at Exhibit C.

HQ AFPC/DPPD states when the applicant requested to have his service retirement changed to a disability retirement, they inadvertently quoted his active service for retirement (20 years, 5 months, and 26 days) incorrectly from his retirement order.  What they inadvertently showed as his active service was his period of service for basic pay (20 years, 6 months, and 29 days).  Military retirement eligibility is calculated for active years of service.  

DPPD further states the applicant’s active service on his DD Form 214 is correct and does not require an amendment.  They apologize for the oversight and anticipate no further action on this administrative error.

A complete copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that an error was made in the computation of monies due at the time of his retirement to present date.

In accordance with 10 USC 8991, active at time of retirement and is required to be used “…if a person would otherwise be entitled to retired pay computed under more than one formula of this table or the table in section 1401 of this title, he is entitled to be paid under the applicable formula that is most favorable to him.”

“…’basic pay’ are substituted for the words ‘basic and longevity pay’ to conform to the terminology of the Career Compensation Act of 1949…”

“…the active duty pay of all members of the Air Force is based upon years of service.”

He concludes that 20 years, 6 months and 29 days is the amount of service that should be used for the computation of monies due.

Applicant’s complete response is attached at Exhibit F.

_________________________________________________________________

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.  It appears the applicant believes his retired pay has not been properly calculated based upon his years of service.  He asserts it should be based upon his service for basic pay.  We note that enlisted members’ retired pay is calculated on active years of service.  The applicant served 20 years, 5 months and 26 days of active service.  Therefore, after thoroughly reviewing the evidence of record, we are not persuaded that the applicant’s records should be changed.  He has not established that he served 20 years, 6 months, and 29 days of active service.  In view of the fact that the applicant has not presented persuasive evidence that his retired pay has not been accurately computed in accordance with the governing directives, we find no compelling basis upon which to recommend granting the requested relief.

_________________________________________________________________

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-2003-01428 in Executive Session on 3 September 2003, under the provisions of AFI 36‑2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 14 Apr 03, w/atchs.
	Exhibit B.	Available Military Personnel Records.
	Exhibit C.	Letter, DFAS-RPB-TQAL/CL, dated 6 May 03.
	Exhibit D.	Letter, AFPC/DPPD, dated 5 Jun 03, w/atch.
	Exhibit E.	Letter, SAF/MRBR, dated 11 Jun 03.
	Exhibit F.	Applicant’s Response, dated 1 Jul 03.

					
					Panel Chair