RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-02511
								INDEX CODE:  135.03
	XXXXXXXXXXXXXXXXX			COUNSEL:  

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 February 2009

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APPLICANT REQUESTS THAT:

He be credited with eligibility for Reserve retired pay.

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APPLICANT CONTENDS THAT:

He has earned enough points to qualify for Reserve retired pay.

In support of his appeal, he has furnished copies of USAF Reserve Personnel Record cards for the period September 1957 through September 1970, a United States Marine Corps (USMC) Certificate of Honorable and Satisfactory Service, two USMC Honorable Discharge Certificates, three Air National Guard Honorable Discharge Certificates, three United States Air Force Honorable Discharge Certificates, and a DD Form 214, dated 28 June 1951.

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

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STATEMENT OF FACTS:

Prior to 1 July 1949, all federal service is creditable toward retirement.  Subsequent to 30 June 1949, a reserve member must accrue a minimum of 50 points in a specific one-year period to be credited with a year of satisfactory 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 courses to satisfactorily complete a creditable year toward retirement.  

In order to be eligible for Reserve retired pay under the provisions of Title 10, United States Code (10 USC), Section 12731, a member must complete 20 years of satisfactory service, with the last 8 years of qualifying service in a Reserve component.  The applicant’s military record indicates he completed 24 years, 10 months, and 13 days of honorable federal service; however, only 18 years and 1 month of this time is satisfactory service creditable towards Reserve retired pay eligibility.  Honorable federal service is the total years of service, including active, inactive, regular, and Reserve, and includes satisfactory years as well as years during which the applicant did not participate sufficiently to earn satisfactory years.

A review of the applicant’s military record indicates that prior to 1 July 1949, he completed 3 years and 1 month of satisfactory service creditable toward retirement, and that he completed 15 years of satisfactory service creditable toward retirement from 1 July 1949 to 25 March 1976, the date of his discharge.  He did not accrue the 50 points required to be credited with a year of satisfactory service creditable toward retirement during the periods 1 July 1949 to 30 June 1950, 1 July 1951 to 30 June 1952, 1 July 1952 to 13 September 1957, 14 September 1971 to 13 September 1972, 14 September 1972 to 13 September 1973, 14 September 1973 to 13 September 1974, and 14 September 1974 to 25 March 1976.

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial as the applicant did not complete 20 years of satisfactory service, as required by law, and is not eligible for Reserve retired pay under the provisions of 10 USC, Section 12731.  His contention that he has enough points to qualify for Reserve retired pay is without merit since Reserve retired pay eligibility is based on completing 20 years of satisfactory service, and not on earning a specific number of points.

The ARPC/DPP evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 14 September 2007, for review and comment, within 30 days.  However, as of this date, no response has been received by this office.

In a letter dated 1 November 2007 {sic}, the applicant requested a copy of all the information the AFBCMR had pertaining to his application and a copy of 10 USC, Section 12731, both of which were furnished to him on 12 October 2007. 

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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; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  His contention that he has enough points to qualify for Reserve retired pay is without merit since Reserve retired pay eligibility is based on completing 20 years of satisfactory service, and he only completed 18 years and 1 month of satisfactory service creditable toward Reserve retired pay. Therefore, 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 Docket Number BC-2007-02511 in Executive Session on 6 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Aug 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 5 Sep 07, w/atch.

    Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 07.
    Exhibit E.  Letter, Applicant, dated 1 Nov 07 {sic}.
    Exhibit F.  Letter, AFBCMR, dated 12 Oct 07.