RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02515
		INDEX CODE:  135.02

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His 11 months and 28 days (364 points) be changed to a good year for Retirement Year Ending (RYE) 19 Nov 76 and that it be credited as a year of satisfactory federal service toward retirement.  

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APPLICANT CONTENDS THAT:

His 11 months and 28 days far exceeds the required 39 days that are required in reserve status.  He has served his country faithfully for over 20 years and feels the Board should amend this injustice to enable him to receive 20 years of credit towards retirement and his 20 year notification letter in Nov 04.

In support of his appeal, applicant submitted a copy of his ANG/USAFR Point Credit Summary, dated 19 Jan 04.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the US Army on 22 Nov 74, he was later released on 19 Nov 76, based on expiration term of enlistment.  He was credited with 1 year, 11 months, and 28 days of duty.  On 20 Nov 76, applicant transferred to the US Army Reserve until his obligation was ended on 21 Nov 80.

Based on AF Form 526, Point Credit Summary, dated 19 Jan 04, applicant was in civilian status from 22 Nov 80 to 11 Jul 85.  He enlisted in the Air Force Reserve on 12 Jul 85 and served until 13 Jun 89.  He was in civilian status again from 14 Jun 89 until 19 Nov 89.  He has had continuous satisfactory service in the Air Force Reserve since 20 Nov 89, and has completed 18 years, 11 months, and 28 days of satisfactory federal service toward retirement.

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AIR FORCE EVALUATION:

HQ ARPC/DPP reviewed this application and recommended denial stating, in part, that to change applicant’s satisfactory service, his date of separation from the US Army would have to be changed.  The Air Force Reserve does not have the authority to correct the separation date on a USA DD Form 214.  DPP suggests the applicant submit an application to the Department of the Army to have his separation date changed.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 Aug 04 for review and comment within 30 days.  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 warranting favorable action on the applicant’s request.  In essence, the applicant is requesting his date of separation from the Regular Army on 19 November 1976, be changed so that he may be credited with a satisfactory year of federal service toward retirement.  In view of this, we agree with the Air Force office of primary responsibility that the applicant should pursue this issue through the Army Board for Correction of Military Records.

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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-2004-02515 in Executive Session on 19 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Aug 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPP, dated 25 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Aug 04.