RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03371
		INDEX CODE:  113.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that his active duty service be applied towards his creditable service for a Reserve retirement.  

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APPLICANT CONTENDS THAT:

His active duty service was not applied towards his Reserve retirement. 

In support of his request, applicant provided a copy of his Military Record and Report of Separation, Certificate of Service; his Air Reserve Forces Retirement Credit Summary; his DD Form 214, Report of Separation from the Armed Forces of the United States; and a Reserve order.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served in an enlisted status in the Army Air Corps from 27 Sep 40 through 14 Apr 45.  On 15 Apr 45, he was appointed a second lieutenant, Army of the United States.  He served various Reserve and active duty assignments as an enlisted member and as an officer.  He served on active duty from 27 Sep 40 to 9 Dec 46 and from 29 Mar 48 to 16 Jun 52.  He was placed on the Inactive Status List Reserve Section (ISLRS) on 1 Nov 65.  On 31 May 67, he was removed from ISLRS and was assigned to the Retired Reserve Section and his name was placed on the Honorary Reserve Retired List.  He completed 26 years, 8 months, and 4 days of honorable Federal service; however, he completed only 12 years, 8 months, and 5 days of satisfactory Federal service creditable toward retired pay eligibility.

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states that all of his active Federal service was correctly credited towards a Reserve retirement.  Since he did not complete 20 years of satisfactory service he is not eligible for Reserve retired pay, or any benefits associated with retired pay.  The DPP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and provided a synopsis of his career.  Applicant states that points accrual for over 41 years should be recognized for retirement compensation.  The provisions of (U.S.C.) Section 12731 projects an ontological attitude which he finds totally unacceptable.  He has been associated with the military for a total of 67 years, which regardless of the provisions of (U.S.C.) Section 12731, should tell where his true sympathies are.  His complete submission is at Exhibit E.

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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 that would warrant corrective action.  After a thorough review of the evidence of record, it appears that the applicant's creditable service was computed correctly and has been properly applied to his service record.  Evidence has not been presented which would lead us to believe that the award of any additional service credit is warranted.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its 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.

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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-2003-03371 in Executive Session on 8 Jan 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Sep 03, w/acths.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 17 Nov 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Nov 03.
    Exhibit E.  Letter, Applicant, dated 30 Nov 03.