RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01714
		INDEX CODE:  131.09

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show he was promoted to the permanent grade of captain.
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APPLICANT CONTENDS THAT:

He was a significant part of two wars and is entitled to his promotion and retroactive retirement.  His records cannot be located and he has been searching since 1968, with no results to date.

In support of his request, the applicant submits a personal letter, copies of his DD Form 214, correspondence from the Selective Service System, dated 29 April 1958, his Armed Forces Identification Card and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Applicant's military personnel records may have destroyed in the National Personnel Records Center (NPRC) fire on 12 July 1973.

Information extracted from applicant’s submission reveals that the applicant had prior enlisted service.

As a member of the inactive Air Force Reserve, he was called to active duty on 5 May 1952 in the grade of second lieutenant.  On 31 January 1958, he was released from active duty in the grade of first lieutenant (Permanent) and transferred to the Air Force Reserve.  During this period, he completed 5 years, 8 months and 27 days of active service and was credited with a total of eight years, three months and ten days of active duty service.  His creditable service for basic pay purposes was 14 years, 2 months and 15 days.
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AIR FORCE EVALUATIONS:

HQ AFPC/DPPPO recommends the application be denied.  DPPPO states that there is insufficient documentation to support the applicant’s contention that he should have been promoted to the grade of captain.  DPPPO cannot determine if the applicant was eligible for promotion to the grade of captain prior to his separation from active duty.  As such, they are unable to verify the applicant was ever recommended for promotion.  The applicant did not provide any evidence to support his contention that he should have been promoted to captain.  The HQ AFPC/DPPPO evaluation is at Exhibit B.

HQ AFPC/DPP recommends the application be denied.  DPP states that the applicant is not eligible for Reserve retired pay at age 60.  In order to establish eligibility for Reserve retired pay under the provisions of Title 10, United States Code (U.S.C.), Section 12731, a member must complete 20 years of satisfactory Federal service, with the last eight years of qualifying service in a Reserve component.  A review of the reconstructed documents indicates that the applicant completed 14 years, 2 months and 14 days of honorable Federal service; however, only 11 years, 4 months and 10 days of this time is satisfactory service creditable toward retired pay eligibility.  There is no indication the applicant participated or earned any service after 31 January 1958, the date of his release from active duty.  The HQ AFPC/DPP evaluation, with attachment, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on 12 September 2003 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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.  We recognize his service to the Nation.  However, insufficient documentary evidence has been presented to indicate the applicant was eligible for promotion to the grade of captain prior to his separation from active duty.  In addition, we note that the applicant did not complete the requisite number of years of satisfactory Federal service to be eligible for Reserve retired pay at age 60.  We, therefore, agree with the opinions and recommendations of the respective Air Force offices and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  In the absence of sufficient 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 Docket Number BC-2003-01714 in Executive Session on 16 October 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 5 May 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPPO, dated 18 Aug 03.
   Exhibit C.  Letter, HQ ARPC/DPP, dated 8 Sep 03, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 12 Sep 03.

                                   Panel Chair