RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-04130 INDEX CODE: 108.00 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: He receive Reserve retirement orders. ________________________________________________________________ _ APPLICANT CONTENDS THAT: His retirement papers were lost somewhere between Seymour Johnson Air Force Base and Washington, DC. The applicant did not provide any evidence to support his appeal. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 7 May 1943, the applicant was inducted and transferred to the Army Enlisted Reserve Corps at the age of 19. On 1 June 1943, the applicant entered active duty as an aviation cadet in the Army Air Corps. On 10 March 1945, subsequent to his completion of pilot training, he was discharged to accept a commission. On 11 March 1945, he was appointed a second lieutenant in the Officer’s Reserve Corps, Army of the United States, commissioned as a pilot, and recalled to active duty. On 10 October 1945, he was released from active duty and transferred to the Standby Reserve. While serving in the Reserve, he was progressively promoted to the grade of captain effective 1 July 1955. On 31 August 1962, the applicant was relieved from the Standby Reserve and transferred to the Honorary Retired Reserve effective 1 September 1962. The remaining relevant facts pertaining to the applicant is contained in the Air Force advisory opinion at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: ARPC/DPP recommends denial of the applicant’s request for Reserve retirement. DPP states the applicant is not eligible for Reserve retired pay under the provisions of Title 10 United States Code (USC), Section 12731. In order to establish eligibility for Reserve retired pay at age 60, a member must complete 20 years of satisfactory service, with the last 8 years of qualifying service in a Reserve component. A review of the applicant’s military record indicates he completed 19 years, 3 months, and 24 days of honorable federal service as of his discharge from the Air Force Reserve; however, only 11 years, 1 month, and 24 days of this time was satisfactory service creditable toward Reserve retired pay eligibility. Honorable service is the total years of service including active, inactive, regular, and Reserve. It includes satisfactory years as well as years during which the member did not participate sufficiently to earn satisfactory years. DPP states that prior to 1 July 1949, all federal service is creditable toward retirement and for this period the applicant completed 6 years, 1 month, and 24 days of satisfactory Federal service. Subsequent to 30 June 1949, a member must participate and accrue a minimum of 50 points, in a specific one year period, to be credited with a year of satisfactory Federal service. From 1 July 1949 to 31 August 1962, the applicant accrued a total of five years of satisfactory federal service. Since the applicant did not complete 20 years of satisfactory service, he is not eligible for Reserve retired pay or any benefits associated with retired pay. The ARPC/DPP evaluation, with attachments, is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force Evaluation was forwarded to the applicant on 7 March 2008, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ _ 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 an error or an 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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. __________________________________________________________________ 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 this application in Executive Session on 10 June 2008 under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-04130: Exhibit A. DD Form 149, dated 8 Dec 07. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPP, dated 27 Feb 08, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 7 Mar 08.